REGISTERED TRADE MARK.

New Zealand Herald, Volume XLV, Issue 13798, 10 July 1908, Page 7

REGISTERED TRADE MARK.

ALLEGED INFRINGEMENT.

At the Police Court yesterday, before Mr. C. C. Kettle, S.M., Nicholas Carl Bassi, a herbalist, was charged with selling to one Stephenson Craig, of Onehunga, a certain pot of ointment labelled " Zambo," of so near a resemblance to a registered trade mark, " Zambuk," as to be calculated to deceive the purchaser.

Mr. R. McVeagh appeared for the complainants, Fuhlford, Australasia, Limited, and Mr. A. S. Brown for the defendant. Mr. McVeagh informed the Court that the prosecution was tinder the Patents, Designs, and Trade Marks Act of 1889, which prohibited the infringement and imitation of registered trade marks. For the prosecution, evidence was called to the effect that the "Zambo" brand of ointment and the general get up of the article was so like " Zambuk" that the average purchaser might be easily deceived as to the identity of his purchase. Mr. Brown, in opening the case for the defence, said the information should be dismissed, on the grounds that " Zambo" did not so resemble " Zambuk" as to be calculated to cause a deception. Mr. Kettle: What is the meaning of '•Zambo?'

Mr. Brown: Zambo is a cross between a mulatto and a. negro. Continuing, Mr. Brown said that before the complainant* could bring an action against the defendant the general get up of "Zambuk" should be registered. At the present time tho word " Zambuk" was the only registered matter. Mr. Kettle: The covering of the little box (meaning " Zambo") would be likely to cause a deception. Mr. Brown: The defendant is entitled to use a similar box as " Zambuk." " Zambo" was on the market before. "Zambuk." The latter was registered in 1903, and " Zambo" wits in use by the defendant it* 1902. Defendant said that he first put "Zambo" before the public in 1902. At that time lie knew nothing about "Zambuk." He liad certainly not imitated the trade mark of "Zambuk." He had sold about six or seven dozen pots of " Zambo" during the past six years. He did not stock " Zambuk." He had heard of an ointment named " Zambuk," which came from Arabia. Witness had no intention whatever to deceive anyone. To Mr. McVeagh: He gave a printer instructions to prepare him some boxes for " Zambo/' but did not give'' him any particular design. He only supplied the words which were to be printed on tho box. To Mr. Kettle: He did not tell the prints er to copy anything, but simply told him to make a good job of it. To Mr. McVeagh : Witness did not know that " Zambuk" was registered until he made an application to have "Zambo" registered in August, 1907, when he received an objection to his application from the Bile Beans Company. To Mr. Brown: Witness did not withdraw his application for the registration of "Zambo ;" it simply lapsed. This closed the case for the defence. Mr. McVeagh intimated that instructions had been received from Wellington to take these proceedings. The onus was upon the defendant, and the answer given by him came as a surprise to him. Mr. Kettle said that he was inclined to believe the evidence of the defendant that he was using " Zambo" • before "Zambuk" was registered. At this stage the case was adjourned until this afternoon.