Sydney Morning Herald (NSW : 1842 - 1954), Saturday 13 October 1917, page 9


THE EQUITY.

(Before Mr. Justice Harvey.)

SUIT DISMISSED.

Ferguson v Burnet.

This was a suit in which Archibald Ferguson,

of Springwood, storekeeper, had obtained, ] on June 18 last, an injunction restraining, till the hearing of the suit, Arthur Herbert Burnet, of Sydney, from selling certain goods under the powers of a bill of sale. Since the date of the injunction a certain arrangement was alleged to have it on made, whereby the plaintiff was to stay up his stock to the value of £200. An agent of the defendant valued the said stock on the 21st ult. at about

£120. j,

The defendant now moved for an order dis-missing the suit, and dissolving the injunction on the grounds, mainly, that the plaintiff had not conformed to the agreement with regard to stock. His Honor held that the word stock meant goods for sale, of which there 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. Banfield, appeared for Burnet; and Dr. Waddell, instructed by Mr. J B. Frawley, for Ferguson.

RIVAL FILMS.

Marks v Pugliese.

Joseph Marks (commonly known as George Marlow) applied for an injunction restraining Humbert Pugliese from advertising or producing a film under the title of "The Church and the Woman," without sufficiently distinguishing it from the plaintiff's film entitled "The Monk and the 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 represented by Mr. Knox, KC.; and 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, his 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 boards outside the theatre, without the addition of the following words: "The film must not be confused with the film of the play entitled 'The Monk and the Woman.' " This undertaking, his Honor added, in reply to Mr. Knox, was not to be taken as any admission, that there was any likelihood of confusion if the quoted words were not annexed to the advertisements. Costs

were reserved.