INJUNCTION GRANTED

Hokitika Guardian, 1 May 1931, Page 2

INJUNCTION GRANTED

DAMAGES AGAINST FIRM AT GREY.MOUTH. GREYMOUTH, April 29. Reserved judgment has been given by Mr Justice Kennedy in the action brought by New Zealand Breweries, Ltd., against Andrew Grogan aerated water manufacturer, of Greymoutli. Plaintiff asked for an injunction lor infringement of trade mark or for pass ! - ing off goods not of plaintiff’,. manufacture as to goods of the plaintiff, and an account of profits or any enquiry as to damages and an injunction restraining the defendant upon collecting or using glass bottles the property if the plaintiffs. In his judgment, Mr Justice Kennedy states.: “I think the proper inference to draw from the notice stamped on the bottle and from the arrange, meat or understanding in respect of returns, vague though it was, is that on a sale to the wholesale wine and spirit merchants tnc property in tile bottles did not pass, but the bottles wore bailed with no obligation on the pur:dr fiers of tbe liquor actually to return the bottles, although they might not resist or prevent return when the beer was consumed. The notice i,s in much stronger terms than the mere addition to tile bottle of the vendor’s name which I should regard as a colourless notice. So long as that notice wr B not bbliteratod.it 'constantly proclaimed.] fo t h.os e aware of its existnnee that that to which it was affixed was the property of the plaintiff. This must lave.been abundantly clear to any pc. son in the trade who knew of tin* pubis lied' warning. SUM FIXED. “In the circumslanccfi, although jt is difficult to ascertain the exact damage suffered, the attempt mast be made and damages must be assessed upon the evidence. Making allowances for possible purchases' other than through the merchants and not a Inscribing to the defendant responsibility for all unreburned bottles, I am of opinion that plaintiff has proved damage of at least £25 and will have .judgment for that sum.

“The plaintiff is also entitled in respect of the gecond cause of action to the injunction asked for. Tlio defendant, bis agents, and his servants, will accordingly be restrained from collecting from others empty glass beer bottles tlie property of the plaintiff, bearing upon them the trade mark numbers 20887 and 20889, or either of them, and the words, ‘Tlii 6 bottle is tbe property of N.Z. Breweries, Ltd..’ or from Ailing such bottles so collected with aerated waters and sending them out in bis business of aerated water manufacture. The plaintiff lias not succce' , e:l in respect of the first cause of action but has succeeded in the second.”

Defendant was allowed ns costs OH the first cap sc of action the sum of £lB 18s, and the plaintiff was allowed in respect- of the second cause of action costs as on the lowest scale, with witnesses’ expenses and disbursements to be fixed by the Registrar.