USE OF A NAME

Evening Post, Volume CXI, Issue 97, 27 April 1931, Page 10

USE OF A NAME

INJUNCTION SOUGHT

On the ground that considerable in; convenience and confusion had been caused by the similarity of names, Majestic Bestaurant, Ltd., restaurant proprietors, carrying on business at 35, Willis street, applied in the Supreme Court to-day for an injunction restraining Wellington Tea Booms, Ltd., proprietors of the restaurant in the Majestic Theatre building, from using the word "Majestic" in connection with its business. ... Mr. Justice MacGrogor was on the Bench. Mr. J. D. Willis appeared for the plaintiff, and Mr. IV C. Spratt for the defendant. The plaintiff company claimed that •when it acquired tho business at 35, Willis/street, on 2nd November, 1927, no other business of a similar name or nature was in existence in the street. The defendant company commenced business in the Majestic Theatre building about the middle of 1929,, and its conduct had been calculated to deceive the public into thinking that its business was that of the plaintiff. It was pleaded on behalf oi the defendant company that the plaintiff had no exclusive right to the use of the word "Majestic." Public' notice of the defendant's intention to commence business was given in December, 1928, and it was claimed that the plaintiff had lost any right there might have been by its acquiescence and unreasonable delay in bringing proceedings. \ .Legal argument is proceeding.