SCHOOL COLOURS

Timaru Herald, Volume CXXXVII, Issue 19512, 10 June 1933, Page 18

SCHOOL COLOURS

QUESTION OF “COPYRIGHT.

CASE IN SUPREME COURT.

By TelegraDb—Press Association WELLINGTON, June 9.

Of late, alleged pirating of colours in the manufacture of blazers has been a subject of discussions at meetings of College Old Boys Associations, and consequently has gained some prominence. Interest, therefore, lies in a case which came before the Supreme Court, when William Kenneth Hardie Osborn, was plaintiff, and Ross and Glendining were defendants. Osborn' an outfitter, claimed to be the registered proprietor of a design accepted by Wellington College Old Boys’ Association for a blazer, and sought an injunction restraining defendant from using the design and 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 registrar of the designs.

During the hearing it came up thatplaintiff published the design prior to obtaining registration, making it evident that registration was lost, and an expunging order was agreed to. Counsel for Ross and Glendining said it had been intended to argue the question whether such designs were registerable at all, as it was a point upon which they were anxious to obtain a decision.

His Honour said he had looked through affidavits, and the point occurred to him that the matter was no doubt of importance to the parties, and possibly also to some sections of the public. Among the affidavits filed in the case on behalf of defendant was one by the manager 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. Another company manager expressed the view that there was no originality in the design.