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IIÍ EQUITY.

(Before Mr. Justice Harvey.)

SUIT DISMISSED.

.Ferguson v Burnet.

ThlB was a suit in which Archibald Fergu-

son, of Springwood, storekoopor, had obtained, ] on June l8 last, an injunction restraining, till tho hearing of tho suit, Arthur Herbert Burnot,.of Sydney, from Bel-lug certain goods under tho powers of a bill of sale. Since the date of the injunction a cortuln arrangement was alleged to havft U> on made, whereby the plalntitt was to kt.vi up his stock to tho value of £200. Au agent ot the defendant valued tho said stock on the 21st ult. at about

£120. j,

The defendant now moved for nn order dis- missing tho suit, and dissolving tho Injunc- tion, on the grounds, mainly, that the plain- tiff had not conformed to the agreement with regard to stock. His Honor held that the word stock meant goods for sale, of which thero was not £200 worth on the premises at Springwood. He declared that Burnet was entitled to have the suit dismissed and the Injunction dissolved. Mr. S. A. Thompson, instructed by Mr. S. B. Bonfield, appeared for Burnet; and Dr. Waddell, instructed by Mr. J, B. Frawley, for Ferguson.

RIVAL FILMS.

Murks v I'ugllcsc.

Josoph Marks (commonly known as Goorgo Marlow) applied for an injunction restraining Humbert l'ugficso from advertising or pro- ducing a film under the title of "The Church and the Woman," without sufllclontly distin- guishing it from the plaintiff's Ulm entitled "Tho Monk and tho Woman."

The defendant, who Is the proprietor of the Alhambra Theatre, contended that his film In no way violated the plaintiff's rights.

The defendant was reprcBoated by Mr. Knox, K.C.; nnd Mr. Power, Instructed by Mr. W. H. Drew, and Mr. Weston, Instructed by Messrs. Sly and Russell, appeared for the

plaintiff.

His Honor smilingly asked If this was a friendly suit for the purpose of advertising. After argument, big Honor said: Mr. Knox raises no objection, and undertakes not to ad- vertise the "Church and the Woman" film, either in the Press or on notice hoards out- side the theatre, without the addition of tho following words: "The film must not be con- fused with the Ulm of the play entitled 'The Monk and tho Woman.' " This undertaking, his Honor added, in roply to Mr. Knox, wns not to bo taken aa any admission, that thero was any likelihood of confusion if the quoted words wore not annexed to tho advertisements. Costs

were reserved.

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