A TRADING NAME.

Lyttelton Times, Volume CXVI, Issue 16842, 28 April 1915, Page 11

A TRADING NAME.

• ; AUCKLAND FIRM'S A-PPLICATION.

[Per Press Association.] AUCKLAND, April 27

An interesting point was discussed at the Supreme Court this morning on the question of tho exclusive right of a. commercial firm to a surname by registering it under the Companies Act! Tho matter arose out ff an application by Dr Dean Bnuiford for an order under tho Companies Act. 1908, giving permission to the firm of J. C. Spudding, Ltd., to change its name to that of Spedding, Ltd. His Honor: 1 have some difficulty about making this order. It seems to me that it would give a monopoly to your firm over a surname which they might hare obtained. In the first place the name must not be calculated to deceive.

Dr Baml'ord: The name at present is J. C. Spedding. Ltd. His Honor: Yes, that is distinctive, but I. cannot give you a monopoly of the name of Spedding. When one comes to tho case of a company's name one has to consider the question of deception. The'question is a serious one. You' will, find in the soutli at least one'firm registered under the name of Spedding. Tn England they require 'if" there is already a surname registered of the same kind that some distinction shall be given. Dr Bamford : I car. quite understand tho objection if there were a. Spedding already in existence. His Honor: I am pretty well sure that there is a Spedding and Son. Ltd., in Xew Zealand. A mau has no right to turn his name- into a limited company.' He can. use his own name or any name he chooses to trade under, but when he gets registered he is then put in «. position or opposing anyone ekp registering the same name. You give him a right which he would not otherwise possess. You have hitherto gone under the name of J. C Spedding. ,I'don't think it is a matter of business to grant the order. I am confident that it ought not to --b© allowed as it is an encroachment" upon the rights which.others might have. It gives your client a footing to. the surname of Spedding under all company names, and anyone elso would"have to register under some Sother distinctive; name. • j

Finally, in older to give Dr Barnford an opportunity of answering- objections hjs Honor adjourned the matter until next Chamber dav.