BUSINESS NAMES.

Star (Christchurch), Issue 17035, 8 May 1923, Page 11

BUSINESS NAMES.

COURT OF APPEAL JUDGMENT. (Per Press Association.) WELLINGTON, May 7. The Court of Appeal gave judgment this afternoon in the case of the National Timber Company, Ltd., against the National Hardware, Timber and Machinery Company, Ltd(. * The appellant company applied in the ►Supreme Court for an injunction restraining the respondent from carrying on business or 4 oma t n i u & registered under its present name. The ground of the application was that respondent's name was so like the name of appellant as to be calculated, to deceive. Hie Chief .Justice, in the Supreme Court, refused an injunction. Mr Justice Reed, in the course of his judgment in the Appeal Court, said that the names of the companies were so alike that there was a probability ot deception. Moreover, actual cases of confusion of names had arisen. In his opinion an injunction should be granted restraining the respondent company from carrying on business in New Zealand under its present name. The Court, he said, had no jurisdiction ■-O restrain the respondent from remaining registered under the Companies Act. Justices Salmond, and Herdman agreed with Justice Reed. The appeal, therefore, was allowed with costs on the middle scale, as on a case from a distance and £ls 15s in the Supreme Court. It was directed that a writ of injunction was not to be issued for two months.