BLAZER DESIGN DISPUTE

Hawera Star, Volume LIII, 10 June 1933, Page 5

BLAZER DESIGN DISPUTE

QUESTION OF REGISTRATION. SUPREME COURT ARGUMENT.

(iSy Telegraph —Press Association.) WELLINGTON, June 9. Recently the alleged pirating of colours in the manufacture of blazers has been the .subject of discussions at meetings of college old hoys’ associations, and consequently has gained some prominence. Interest therefore lies in a. case which came up in the Supreme Court to-day, when William Kenneth Ilardie Osborn was the plaintiff and Ross and Glendining the defendant. Osborn, an outfitter, claimed to be the registered proprietor of .a design accepted by the Wellington College Old Boys’ Association for a blazer, and sought an injunction restraining the defendant from using the design and claimed £IOO damages. A cross motion was filed asking fqr an order expunging from the register of designs the entry of Osborn’s name as registrar of the design. During the hearing it came up that Osborn had published the design prior to obtaining registration, making it evident that the registration had lost whatever force it might have had; and an expunging order was agreed to. Counsel for Ross and Glendining said it had been intended to argue the question of whether such designs were register able at all, as it was- a point upon which they were anxious to obtain a decision.

His Honour said lie had looked through the affidavits and the point occurred to him. The matter was no doubt of importance to the parties and possibly also to some sections of the public. Among tlic affidavits filed in the c-asc oil behalf of the defendant was one by the manager of a woollen company, who said he had 1 never known any design in the class of goods in question which had been registered or protected against manufacture, and another company manager expressed the view that there was no originality in the design.