Northway v Coulthard

[1913] HCA 73

352

HIGH COURT

[1913.

H.c. OF A. that the word “ Borsalino,” which, at first, was naturally used as

1913. a surname, acquired and retained, at all events in Victoria, a

'

secondary meaning denoting the hats manufactured by the

V. plaintiffs.

GuiseppT e

For these reasons we are of opinion that the orders made by

ŜocmTA° learned Judge ai'e right, and this appeal fails.

A n o n f m a .

Appeal disviissed with costs.

Solicitors, for the appellants, Moule, Hamilton & Kiddle.

Solicitor, for the respondents, F. B. Waters.

B. L.

[HIGH COURT OF AUSTRALIA.]

NORTHWAY ,

A ppellant ;

D efe n d a n t ,

COULTHARD .

Respondent.

P l a in tiff ,

ON APPEAL FROM THE SUPREME COURT OF

SOUTH AUSTRALIA.

H. C. OF A.

T he case turned so lely on questions of fact.

1913. The judgment of the Supreme Court of South Australia

A d e l a i d e ,

{Buchanan A.J.) was affirmed.

May 27, 28

Appeal dismissed with costs.

Barton A.C J .,

Gavan Duffy

and Rich J J .

Solicitor, for the appellant, George McEwin.

Solicitor, for the respondent, Robert Hamburg, Jun.

B. L.