APPEAL COURT.

Star (Christchurch), Issue 17014, 12 April 1923, Page 7

APPEAL COURT.

QUESTION OF A NAME. (Per Press Association.) WELL 1 NOTON. A prii 12. The Court of Appeal heard argument this morning in the case of the National Timber Company, Ltd, appellant, and the National Hardware. Timber and Machinery Co. Ltd. respondent. 'Pile appellant company was incorporated in 1920, and tlie respondent in 1921. The appellant applied to the Supreme- Court for an -injunction restraining the respondent from carrying on business and from remaining registered under the Companies ActThe ground of the application was that, owing to the similarity of the names of the two companies, the public were liable to be deceived. Tt was further alleged that members of the public had actually been deceived. The Chief Justice, in the Supreme Court, had refused an injunction, and from this decision the appeal.was brought. , Mr O. T. -1. Alp-ers. for the. appellant. said that whereas, in the present case, there was a large body of contradictory evidence, proving a number of cases of actual deception, and the •people deceived were those haring dealings with both companies. the court was precluded from holding thatthe name which had actually deceived was not calculated to deceive. -He contended that the appellant was. therefore. entitled to an injunction. Argument is proceeding.