IMPORTANT TRADE MARK CASES.

New Zealand Mail, 8 February 1900, Page 49

IMPORTANT TRADE MARK CASES.

3 In the Equity. Court. Sydney,! on, a lOia inst ~ before ..Mr Jus.tice • Walkef?.?a i s ease, Condy and Mitchell, Limited,- y? -; a Parker, was heard, in wliich/aii imporlf \\ I ant point was raised with reference - to; the use of manufacturing trade mark? ? The plaintiffs’ counsel stated the materi-| al allegations in the statement of claim '* ; tl ? be that attempts baa from, time to,? time been made by certain chemists >. sell to the public a solution of perm an5/ ganate of potash as Cdndy’s .Fluid, aJ??> . . though the plaintiffs had from -time to-h -j, time adopted, means to make, -it- .well' i ® known and.understood in.the trade £hat!| r • Gondy’s Fluid differed. essentially frosn- ? | a solution of permanganate 'of;potash?) and was composed of other ingredient????! . ■;lt was alleged tliat the defendant Wak?; f su PP*ymg purchasers asking for Condylj?'.; t ’ Fluid with a preparation labelled “Dis- ? y- infecting Fluid or Natural Disinfectant^}' • but being otherwise substantially a copy 1 - e of the plaintiffs’ label-. Counsel on be- ' 1 half of defendant ...consented to a per- • petoal injunction in terms of ?the first ? and second prayers of the statement of ? claim, a settlement having in other re- ? ' spects been made as to damages and cost-s. Another ease, somewhat the l same in cliaracter, was also heard by the ® 'learned Judge. This was Condy and-y Mitchell v. Powell, an application for ” an injunction to restrain the sale under ° the designation of “Condy’s- Crystals” qf • ia any chemical not being of the plaintiffs’? i manufacture, or from selling or offering i- E Persons desirous of procuring, it /? nr '? r ' s b’luid” permanganate of po?.< tash, or any other substance not manu-f facturecl by the plaintiffs, as the equiva-? „ i eu b in solution, and being then the same composition as Condy’s Fluid. The;, defendant appeared in person. It was m on bbo plaintiffs’ behalf that there ; ' had been some attempts to sell to per-’: r ". sons desirous of procuring Condyhs Fi-Oicli ® permanganate of potash under the designation of, “Condy’s Crystals,” and it „ was said that this had tue effect of in--, f; 'duemg numbers of the public to believe l that Condy’s Fluid was prepared permanganate of potash,, and that a so-, ? Btion of permanganate of potash would? he one and tho same. The defendant ; consenting, to a perpetual injunction as- - a decree niado accordingly,» settlement having in other respects been ie made as to costs and damages.