PACKING OF SALTS

New Zealand Herald, Volume LXXI, Issue 21878, 14 August 1934, Page 13

PACKING OF SALTS

TWO FIRMS IN DISPUTE LEGAL ARGUMENT HEARD Legal argument was heard in the Supreme Court yesterday before Mr. Justice Herdman in the dispute between the proprietors of Kruschen salts and the proprietors of Ithusal salts. The hearing was commenced last Wednesday. The plaintiff, E. Griffiths Hughes. Limited, of Manchester (Mr. Richmond and Mr. Weir), claimed an injunction against the Allen Saline Company, Newmarket (Mr. Barrowclough, instructed by Mr. Craig), to prevent it frotn marketing Ilhusal salts under the present name and "get up' which, it was alleged, was confusing to the public and harmful to plaintiff. The plaintiff also claimed £SOO damages. Addressing the Court at the close of the evidence, Mr. Barrowclough said the action was purely and simply an action of "passing off," and in such a case there should be something distinctive and individual about the article alleged to be imitated. Counsel produced a large number of yellow packets ■with black printing to show that they all had the same main features as the Kruschen packets. The considerations of utility that had induced Kruschen to adopt a particular size and colour had induced the defendants to adopt a similar size and eoloui-. Complaints had been made about certain packs, which had been immediately replaced by the red band P ac kThe latter was something that could not possibly be confused. _ , . Argument will bo continued before the Court to-day.