WHAT’S IN A NAME?

Star (Christchurch), Issue 16908, 6 December 1922, Page 7

WHAT’S IN A NAME?

COMPANIES AT LAW. Similarity in the names of two companies, and alleged confusion in consequence. were at the bottom of a case heard by his Honor, the Chief Justice in the Supreme ’ Court to-day. The National Timber Company, trading in Auckland, sought an injunction to restrain the National Hardware, Timber and Machinery Company, also trading in Auckland, from using that name or remaining registered under it. Piaintiff company was incorporated in November. 1920, defendant company in April. 1921: The name of the defendant company has been approved by the registrar, and confusion lias arisen amongst postal officers and customers on account of the similarity of the It was alleged that one customer threatened to withdraw from the plaintiff company business that turned over more than £ISOO a. month because the “ on-truck ” list of the defendant had been mistaken for the “ on-truck ” list of plaintiff. Mr O. T. J. Alpers appeared for plaintiff, and Mr W. J. Hunter for defendant. Mr Alpers said that the courts went far in protecting companies against the risk of confusion on account of names -—much further than in the case of individuals. It was the custom for the public to shorten names, as/in the case of Banks Peninsula, which was commonly known in Canterbury as “ the Peninsula,” and when the names of the two coippanies in court were shortened, the confusion would he worse. The companies then would he well launched on their careers, and any change .would be. more troublesome and expensive than-at present. The companies hail two words, “ national ” and " timber,” in common. ill - Hunter said that plaintiff must show that defendant’s name caused danger of imminent and substantial loss to plaintiff before it could demand a change in defendant’s name A mistake had been made by a careless clerk in an office, but plaintiff had not suffered to the extent of one penny. There was no more confusion lie.tween

the companies than between the National Bank of New Zealand and the Bank of New Zealand. < Proceeding.)