HELIDON SPA WATER CASE.
JUDGMENT BY CONSENT.
The action instituted by Gilbert Ed- ward Primrose, trading as the Heli- don Spa Water Company, against Alfred Lucas Gardner, trading as Owen Gardner and Sons, for infringement of his patent rights in connection with the sale of Helidon Spa water, came before his Honour Mr. Justice Cooper, in the Supreme Court, on a motion for Judgment. Mr. Edwyn Lilley (instructed by Mr. Thomas Bunton) appeared for the plaintiff, and Mr. Chambers (Messrs. Chambers, Bruce, and McNab) for
Mr. Lilley stated that the defendant had delivered a statement of defence, but since doing so he had withdrawn it, and now con- sented to judgment in the following
The defendant having withdrawn the state- ment of defence delivered by him in this action, it is thus adjudged by consent, in the presence of Mr. Lilley, of counsel for the plaintiff, and Mr. Chambers, the solicitor for
the defendant. Let
A perpetual injunction be awarded to re- strain the defendants, his servants, or agents from using or otherwise infringing the plaintiff's trade marks, and from advertising or using the word " Helidon" as a designa- tion of or in connection with any mineral or other waters manufactured, sold, or of- fered for sale or otherwise dealt in by the defendant unless of the plaintiff's manufac- ture or coming from the plaintiff's springs at Helidon aforesaid, by means of the use of any name or title identical or similar to or only colourably differing from the name or title used by the plaintiff as a designation of or in connection with mineral waters manufactured by him, or coming from his springs at Helidon aforesaid, and from us- ing a similar label to that used by the plaintiff, and from in any other way lead- ing the public to suppose that any mineral or other waters manufactured and adver- tised or otherwise dealt in by the de- fendant and manufactured by the plaintiff, or come from the plaintiff's springs at Heli- don aforesaid, and from using the words " Spa Water" alone upon any bottle, or in or upon any label or advertisement, or in any com- bination of words upon any bottle, or in or upon any label or advertisement, or in any other manner in connection with mineral waters manufactured or sold or otherwise dealt in by the defendant, and not being the mineral or other waters of the plain- tiff's manufacture or coming from the plaintiff's springs at Helidon aforesaid, without prefixing to the said words " Spa Water" some proper noun or fancy word in letters, type, or print of a similar size type and colour to the said words "Spa Water" upon such bottle, and in and upon such label or advertisement, and it is by consent further ordered and adjudged that the de- fendant do pay to the plaintiff his costs of this action as between party and party, such costs to be fixed by the solicitors for the said parties or to be taxed by the proper officer of this court in case the parties differ.
He moved for Judgment accordingly.
Mr. Chambers said he consented.
His Honour gave judgment accordingly.