COLLEGE BLAZERS

Otago Daily Times, Issue 21976, 10 June 1933, Page 12

COLLEGE BLAZERS

ALLEGED PIRATING OF COLOURS OUTFITTER SEEKS INJUNCTION. (Per United Press Association.) WELLINGTON, June 9. Of late the alleged pirating of colours in the manufacture of blazers has been the subject of discussion at meetings of the college old boys’ associations, and consequently has gained some prominence. Interest, therefore, lies in a case which came up in the Supreme Court to-day, when William Kenneth Haardie Osborn was the plaintiff and Ross and Glendining the defendant. _ Osborn, an outfitter, claimed to be the registered proprietor of a desdgn accepted by the Wellington College OH Boys’ Association for. its blazer, and sought an injunction the defendant from usuing the design. He also claimed £IOO damages. A cross motion was filed asking for an order expunging from the register of designs the entry of plaintiff’s name as the registrar of the design. During the hearing it came wp that the plaintiff had published the design prior to obtaining registration, making it evident that the registration had lost whatever virtue it might have had, and an expunging order was agreed to. Counsel for Ross and Glendffning said it had been intended to argue the question whether such designs could be registered at all, as it was a point npon which they were anxious to obtain a decision. His Honor said he had looked through the affidavits, and the point occurred to him that the matter was no doubt of importance to the parties, and posffibly also to some sections of the public. Among the affidavits filed in the case an behall of defendant was one by the mamager of a woollen company, who said he had never known any design in the class of goods in question which had been registered or protected against manufacture, and another company manager expressed the view that there was np originality in the design.