INJUNCTION SOUGHT.

Star (Christchurch), Volume XLIV, Issue 373, 15 March 1932, Page 7

INJUNCTION SOUGHT.

Infringement of Patent Alleged.

An order for an injunction against the alleged infringement of a patent Avas sought in the Supreme Court this morning from Mr Justice Adams. Robert Talbot Daly, trading as Daly* Bros., electrical contractor, Christchurch, was the plaintiff and Samuel Blackeby Forscutt, electrical contractor, Christchurch, was the defendant. Forscutt counter-claimed for £SOO damages and sought an injunction against legal proceedings for alleged infringement.

The statement of claim set out that plaintiff Avas the registered proprietor of a half share in letters patent No. 45870 for an invention for “ Combined outlet bush and earth clip for conduit.” The patent was granted in 1921 to Harold Constantine Ferrand, electrical engineer, of Christchurch, and was assigned to plaintiff in 1923. There folloAved the assignment by plaintiff in 1925 of a half interest in the patent to Henry Robert Turner and William Da\*ey John Evans, both of Masterton. It Avas alleged that the defendant had infringed and claimed the right to infringe the letters patent and w-ould continue to do so unless restrained bv order of the Court. It Avas claimed that the patent had been infringed by the manufacture and sale of “ combined outlet bushes and earth clips for conduits.” For the purposes of the action, the plaintiff relied on defendant’s statement that he intended to continue to make and vend the infringing articles. Plaintiff, therefore, sought an injunction restraining defendant and his servants from infringing the letters patent and claimed delivery of the infringing articles. Counsel for Daly said that just prior to defendant’s bankruptcy an action was commenced in 1924 against the plaintiff. The bankruptcy* went on for years in the course of w-hich the plaintiff applied to the Official Assignee for information. The Official Assignee stated that the creditors did not want to go on with the action started by Forscutt, but he did not abandon the right to go on. The whole point was Avhether or not Daly’s patent was good. Plaintiff and defendant and other witnesses gave e\-idence as to the respective merits of Aarious outlet bushes or bellmouths and as to the steps taken for securing letters patent and pro\-i----sional letters patent. (Proceeding.)