RIVAL MEDICINES

New Zealand Herald, Volume LXXI, Issue 21879, 15 August 1934, Page 15

RIVAL MEDICINES

INFRINGEMENT ALLEGED LEGAL ARGUMENT CONTINUED j Legal argument again ensued before Mr; "Justice Hcrdman in the Supreme j Court all day yesterday, in the dis- j pute between the proprietors of Krusehen salts and the proprietors .ofRhusal salts. The proprietors of Kruschen salts, K. Griffiths Hughes, Limited, of Manchester (Mr. Richmond and Mr. Weir), alleged that Allen Saline Company, ,of Newmarket (Mr. Barrowclough. instructed by Mr. Craig), had been guilty of imitation and infringement of rights and sought an injunction against the company and £SOO damages. Mr. Barrowclough, in - closing his argument, paid there had been no threat of the defendant continuing to use the packets P2 and P3 objected to, and he submitted that clearly there should not be an injunction in respect of something they had never threatened to do. Mr. Richmond, in the course of his concluding argument, asserted that the plaintiff had received no admission of infringement from the defendant or undertaking not to infringe the plaintiff's 'rights in the future. Such admission and undertaking were legally required to be given. The fears of a continued infringement had in -fact been realised.. It appeared that there had been no name on the market resembling Kruschcn until Rhusal emerged. The abbreviations for the names of chemicals on the Kruschen packet were capricious, said counsel, and Mr. Gregory, the defendant's manager, must have knowingly copied them. What likelihood was' there that .lie should have by chance selected six very unusual abbreviations exactly as usod by Kruschen salts? Further, there could lie no honest explanation .for the coincidence between the label on the j Kruschcn bottle and that on the Rhusal bottle. The case was adjourned until this morning.