RE-USE OF BOTTLES

Poverty Bay Herald, Volume LV, Issue 17023, 7 August 1929, Page 10

RE-USE OF BOTTLES

| ACTION BY BREWERY SUPREME COURT CASE (Per Press Association.) PALMERSTON N., last night. Set down for hearing at the present sitting of the Supreme Court at Palmerston North was a case in \yhieh New' Zealand Breweries, Ltd., sought £3OO damages and an injunction restraining the Standard Brewery Co., Ltd., from using any bottles bearing the plaintiffs’ trade marks, and selling liquor not of plaintiffs’ manufacture in any such 'bottles. When the action was mentioned in court to-day, Mr. F. H. Cooke stated, on behalf of plaintiffs, that the action had Been brought not only for the .purpost of stopping defendants' invasion of plaintiffs’ rights, but also for the purpose of drawing public attention to the rights' of New Zealand Breweries, Ltd., in respect of their glass bottles and trade mark, and of reminding the public that tho plaintiff company’s ownership continues after the bottles havo been delivered to the purveyors of flic liquor contained in them. Tho trade mark is embossed on the bottjes, and in addition there are the words “This jjottle is the property of the N.Z. jlrinveries, Ltd.” Further, plaintiffs notify their .customers of the fact that the property in Urn bottle did not pass to tho purchaser of the 'contents.''"'The' company appointed agents for receiving' ana returning empty 'bottles, and from time to time by. advertisement had given' 'notice ' to the trade of its rights, and warnings against infringements ’of those rights. The ease would not go' on, defendants having agreed to an injunction being entered.

Mr. H. R. Cooper, for defendants, explained that thev had not been trying to pass on their beer as that of thp plaintiffs’ make. Each bottle had beep labelled, although defendants had used plaintiffs’ used bottles.