COMPANY DISPUTE

New Zealand Herald, Volume LXXI, Issue 21875, 10 August 1934, Page 14

COMPANY DISPUTE

RIVAL brands of salts CLAIM FOR INJUNCTION SUPREME COURT ACTION The alleged similarity' between two brands of medicinal salts was the basis of a Supreme Court action continued before Mr. Justice Hcrdman yesterday. The plaintiffs were E. Griffiths Hughes, Limited, manufacturing chemists, of Manchester, England (Mr. Richmond and Mr. Weir), who took action against the Allen Saline Company (Now Zealand), manufacturing chemists, of Newmarket (Mr. Barrowclough, instructed by Mr. C. S. Craig). The plaintiffs, who arc the manufacturers of Kruschen salts, sought to have the defendants restrained from selling their product, known as Rhusal salts, under the present name 'and "get up," and they also claimed £ooo damages. The defendant company was incorporated in New Zealand in January, 1933, and was alleged to have deliberately sold and distributed Ilhusal salts in a manner confusing to the public and harmful to the plaintiff. Giving evidence for the plaintiff, J, G. Haddow, barrister and solicitor, said he and hiii family had used Kruschen salts under medical advice for somo years. Distinctive features of the carton were its size and colour and the statement of contents and of doses. The bottles had always been of the one type for 12 years past at any rate. Recently members of his household had been offered a substitute.

The phrase "as much as would lie on a sixpence" was in his mind associated with Kruschen salts. In March of last year Rhusal salts were introduced to him, and the name seemed to him to be an obvious imitation of Kruschen Storekeeper's Evidence Charles Robert Petrie, a storekeeper of many years' experience, said that Kruschen salts had always been distributed iin the same packages. The phrases "that Kruschen feeling," "as much as would lie on a sixpence." "tasteless in tea," and "first thing in the morning," were commonly associ-., ated with Kruschen salts. The traveller who brought the new preparation round called it "Roo-shawl." He did not think he would have much difficulty in selling Rhusal salts to a customer for Kruschen. He thought Rhusal was an almost perfect imitation. Louis Gordon Crawshaw, pharmaceutical chemist, said the first thing that struck one in the "get up" of the Kruschen salts carton was the .colour, and the next thing was the writing on the carton. The particular colour of the Kruschen carton was common to Kruschen salts. He had known of confusion between the names "Kruschen" and "Rhusal." He had not known of a customer getting the one salts in mistake for the other. Case for Defence . Mr. Barrowclough, in opening the defence, said «that a virulent attack had been made on the first two cartons —P2 and F3—brought out by the predecessor of the present defendant company. These two cartons had now been definitely abandoned, and the contest was about the red band carton, P4. The defendant company was not using or threatening to continue to use oven P4. It was using Po, a specimen of which was submitted to the plaintiff's solicitors before the writ was issued. The Kruschen packet was a featureless packet, and had no distinctive "geii up" except for its name. There could be no monopoly in si single colour, although there might be in a combination of colours. Until it was found in fact that the name was calculated to deceive, it could not ba held that there was any fraudulent motive. The plaintiff had been unable to find any real evidence of fraud or mistake. The ftame Rhusal was chosen to indicate that it was a salt for rheumatism.

Henry Gregory, chemist, said he had arrived at the formula for Rhusal aa a result of experience. The Kruschen packet was not in his mind when he decided the form of the first Rhusai packet a:nd the writing on it. All the old cartons had as far as possible been withdrawn and were replaced by the red-band cartons in February last. He had tried to meet the plaintiff's complaints in every possible manner, and had introduced various novelties on the carton. Mr. Barrowclough: What did they want you to do? Witness: They wanted me to get off the face of the earth with my preparation.

Witness said he did not have Kruschen in mind when he chose an amber bottle. He was still in the box when the Court adjourned until this morning.