COURT OF APPEAL.

Taranaki Daily News, Volume LIV, Issue 26, 25 July 1911, Page 5

COURT OF APPEAL.

SMITH v. HOBEN. By Telegraph—Press Aaeociatiu. Wellington, Last Night. In the Court of Appeal the case of Smith v. Hobson was called. This is an appeal from the judgment of Sir Robert Stout, Chief Justice, delivered on an originating summons, to determine the construction of a bailment entered into by William Henry Smith, of Marton, owner of the Manawatu Daily Times newspaper and Ernest Denis Hoben, under which Smith granted to Hoben the right to print and publish the said newspaper for a term of six years. The main question in dispute is the meaning of the term "nett as used in the bailment" in regard to the realised profits. There is a provision that Hoben shall be entitled to draw £lO a week as against the anticipated profits, and the contest is whether this sum is to be deducted from the net realised profits, or whether the rent shall be ascertained before deducting this £lO a week. Mr. C. B. Collins appears for the appellant, and Mr. A. Loughnan for the respondent. A TRADE MARK CASK | Wellington, Monday. The Court of Appeal to-day heard the case Read Bros., Ltd., V. Cowie and Co., an appeal from the decision of Mr. Justice Cooper by way of appeal from the register of patents, allowing Cowie the registration of the trade mark of a bull's head for beer bottles. Appellants have the trade mark a bulldog's head and claim that a bull's head is likely to deceive the public and lead them to think they are getting the bull-dog brand. Mr. Young appears for appellant and Mr. Von Haast for respondent. Mr, Von Haast said the bull's head label had been used for 16 years attd there was no evidence to show that anyone had been deceived.

Wellington, Last Night. In the Appeal Court, at the conclusion of the argument in the case of Read Bros. v. Cowie, (the Court unanimously dismissed the appeal, holding that Cowic's trade mark was not calculated to confuse or deceive the public.