"PASSING OFF” LUBRICATORS

Evening Star, Issue 21720, 15 May 1934, Page 18

"PASSING OFF” LUBRICATORS

MANUFACTURING FIRMS IN COURT DEFENDANT COMPANY TO PAY DAMAGES {Fait United Press Association.] CHRISTCHURCH, May 15. A case in which one manufacturing firm alleged that another firm making a similar article was “ passing off ” its good as those of the plaintiff came before Mr Justice Johnston in the Supreme Court. The plaintiff was Joseph Alvin Armitage. of Caulfield, Victoria, who carries on business as a manufacturer at Dunedin as the. “ Como Lubricator Company.” The defendant was Salvo Ltd., carrying on business in Christchurch. Mr Hunter appeared for the plaintiff and Mr Young for the defendant company. The plaintiff claimed that the defendant was wrongfully selling and passing off lubricators not of plaintiff’s manu-

facture as and for plaintiff’s lubricators, and was misleading the public and causing injury to the plaintiff and to the public. The statement of defence denied the allegations of an infringement of the patent and misrepresentation. After a prolonged delay Mr Hunter announced that the parties had reached a settlement on the following terms: — The defendant company consented to an injunction in terms of the claim with respect to “ passing off,” the defendants to pay £250 as damages and costs; the defendant company to assign its patent to the plaintiff'; the defendant company to go into liquidation and to hand over to the plaintiff all advertising matter and testimonials; and also to hand over all lubricators to the plaintiff, the conditions to ho in settlement of all churns. Mi- Young gave formal consent to judgment being entered on those terms.