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Similar Trading Names.
MR. S. HORDERN - TAKES ACTION.
The- Chief Juâge in Equity (Mr. Justice A. H. Simpson) had before him on May 3, the suit of Hordern v. Hordern and others, in, 'which Samuel Hordern, sen., trading as Anthony Hordern and Sons, is seeking, an in junction to restrain Anthony Hordern'and Com pany, Limited, from commencing or carrying on under the name of. Anthony Hordern and Company, Limited, thc business of a universal provider, and from using any such name in connection with such business.
Tho statement of claim set out that the plaintiff had recently ascertained that Arthur Gilbert Hordern and Anthony Shubra Hordern, sons of the late Anthony Hordern, jun., and who reside in England, together with certain other persons, had formed tho defendant com pany, which had been incorporated under the Companies Act of 1899. The objects for which the defendant company was rormed, and which woro set forth in tho memorandum of the ar ticles of association of thc company, wore, among others, to carry on tno business of dra pers and furnishers and genoral warehouse men-in fact, all the recognised branches of tho business of a tiniversal provider. Tho name of the defendant company so closely resembled that under which plaintiff's business was carried on as to be calculated to mislead persons into thinking that they wore dealing with plaintiff, when they were, in fact, dealing, with tho defendant company. Plaintiff believed that tho de fendant company Intended to carry on busi ness in Sydney and the country, and he feared that, unless restrained by injunction, lt would shortly carry on tho business in question under the name of Anthony Hordern and Company, and that the reputation of plaintiff's business would bo thereby endangered and depreciated, and that he would suffer further IOSB and damage.
Samuel Hordern, the plaintiff, sot out in his aflldavit, inter alia, that after the death of Anthony Hordern, sen., ho and Anthony Hor dern, Jun., had carried on business under tho name of Anthony Hordern and Son. Dy an indonturo of partnership dated September 12, 1878, between plaintiff and Anthony Hordern, jun., it was agreed that they should carry on In Sydney tho business of drapers for tho term of thirty years from June 30, 1878, under tho stylo of ' Anthony Hordern and Sons." Tho indenture of partnership contained provisions enabling tho surviving partner, in tho event of tho death of one of the partners during tho said term, to purchase the share of tho deceased partner. In pursuance of tho said Indenture tito business was duly curried on by the part ners, and it aoquired a large and valuable repu tation in Sydney and throughout tho colony. Anthony Hordern, jun., died on December IC, 1S815, and in accordance with tho partnership his share was purchased by plaintiff, who con tinued to carry on the business under the stylo of Anthony Hordern and Sons.
I Plaintiff prayed, among other thing», that tho
defendant company, Its ficrvnnts, and agents, may bo restrained by injunction from com mencing or carrying on, under the name or style of "Anthony Hordern and Company, Limited," the business of a universal provider, or any part thereof, and from uHlng any such name in connection with any such business, etc.; or in the alternative that, tile defendant
! company, lin servantn. and agents, might lie
restrained by injunction from tining tho nome of Anthony Hordern and Company, Limited, or the name of Hordern In connection with tho sahl businesses, or any of them, without adding thereto tm express statement that the defendant company was distinct from and bad no connec tion with the business of "Anthony Hordern
Ills Honor granted an injunction In the terms of tho ll wt pwycr of tho statement or (daim, , ponding tho hearing of tho ault or further f Order of the Court, coutil to bo coatn in tile
cause. Leave was also Riven tho plaintiff, to am^id tlm>tatetu«qt ot ulalu, without pr«ju< Idle« to tno injunction.