SCHOOL COLOURS

Greymouth Evening Star, 10 June 1933, Page 12

SCHOOL COLOURS

SUPREME COURT PROCEEDINGS. [pep. press association.] WELLINGTON, Jun? 9. Of late, the alleged pirating of colours in the manufacture of school blazers, has been the subject of discussions at. meetings of the College Old Boys’ Associations, and consequently gained some prominence. Interest therefore lies in the case which came before the Supreme Court, when William Kenneth Hardie Osborn, was plaintiff, and Ross and Glendining the defendants. Osborn who is an outfitter, claimed that ho was the registered proprietor of a design accepted by the Wellington College Old Boys’ Association for a blazer. He sought an injunction restraining tho defendants from using the design, and claimed £lOO damages. • ' ■ .’’l' 1 A cross motion was filed asking for an order expunging from the register of designs, the entry of plaintiff’s name as the registrar of the design. , During the hearing, it came up that the plaintiff had published the design prior to obtaining the registration, making it evident that the registration lost whatever right it might have had and an expunging order was agreed to. Counsel for Ross and Glendining said it had been intended tp argue the question of'wliethfir such .designs were registerable at all, as it was a point upon which they were anxious to obtain decision. His Honor said that he had looked through the affidavits, and a point that had occurred to him on the matter, was of no doubt of importance to the parties, and possibly' also to some sections of the public. Among the affidavits filed in the case on behalf of the defendant, was one by the manager of tho Woollen Co., who said that he had never known any design in the class of goods in question, which had been registered or protected against manufacture. Another company manager had expressed the view that there was no originality in the design.