BLAZER CONTROVERSY

Grey River Argus, 10 June 1933, Page 4

BLAZER CONTROVERSY

Design Registered BITT EXPUNGING ORDER GRANTED' J>er Press Association). WELLINGTON, June 'J. 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 Bovs Associations, and eons quently gained some prominence. Interest therefore lies in the ease whieu crime before the Supreme Court, when William Kenneth Hardie Osborn, was plaintiff, and Ross and Glendining tin- defendant. Osborn who is an out litter, claimed that he was the registered proprietor of a design accepted bv the Wellington College Old Boy's Association for a blazer, sought mi’ injunction restraining the defend ant from using the design, and claim- ■ >1 £lOO damages. \ cross .motion was filed askiit:'<»r an order expunging from the reg* isier of designs, the entry of plaintiffs name as the registrar ot the design. During the hearing. it came up ihut the plaintiff had published the design prior to obtaining the registration. making it evident that regis t rat ion lost whatever it might have* had ami an expunging order was Council for Ross and Glendining said it had been intended to argue the question of whether such designs were re_ i.stcrable at all, as it was a point upon which they were anxious to obtain derision. His Honor said that he bad looked through the affidavits, and a point that had occurred to him on the matter. was of no doubt of importance to the j arties. 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 the Woollen who said that he had never known any design in the class of goods in question, which had been registered, or protected against manu facture. Another company manager had impressed the view that there was no originality in the design.