COURT OF APPEAL.

Otago Daily Times, Issue 19135, 1 April 1924, Page 8

COURT OF APPEAL.

TRADE MARK DISPUTE. (Per United Press Association.) WELLINGTON. March 31. The Court of Appeal to-day was engaged in considering the appeal of Kempthome, Prosser, and Oo against the decision of Mr Justice Chapman in allowing the concurrent registration of a trade mark (subject to safeguards) of which the chief feature is tho term “Kiwi.” The appellants contend that having used the trade mark, of which the picture or emblem (though not the word) is a kiwi, they have built up a goodwill in respect of that emblem, which now sells or helps to sell their goods, and that the respondent, the Kiwi Polish Company (a Victorian company), by attempting to register the term “kiwi” and to use it to sell a brand of boot polish, is endeavouring to appropriate the goodwill of the appellants. Sir John Findlay, K.C., and Mr O. Park appeared for the appellants, and Mr C. P. Skerrett, K.C., and Mr A. Wiren for respondents; while Mr J. Prendeville was watching the proceedings for the Registrar of Patents and Trade Marks. The argument, which was of a highly technical character, is proceeding, A SERIOUS CASE. The Court of Appeal gave judgment today in tho case of the King v. Barker. This was an appeal against a conviction for attempted indecent assault on a male. The question before the court was whether, in point of law, there was evidence of an attempt or only of preparation falling short of attempt. The court upheld the conviction.