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Aviation History
1918
1918 - 0440.PDF
LEGAL INTELLIGENCE. Similarity in Trade Names. IN the Court of Appeal on April 10th Aeroplane GeneralSundries, Ltd., appealed against an injunction granted, at the instance of the A.G.S. Manufacturing Co., Ltd., by Mr.Justice Neville (see "FLIGHT" for,March 9th), restrainingdefendants, their servants or agents, from representing by advertisement or otherwise that the letters A.G.S. stood foror were otherwise the name of the defendant company. Lord Justice Swinfen Eady, in his judgment, explained thatA.G.S. stood in the aeroplane trade for Aeronautical General Schedule or Aeronautical General Sheets—a list of aeroplaneparts prepared by the Royal Aircraft Factory in which each part was identified by a number. He said that it was not indispute that anyone was entitled to make and sell these aero- plane parts and describe them as A.G.S. parts. The mattercomplained of was the use by the defendant company of A.G.S. not to describe parts, but to describe the defendantcompany. The first advertisement that had been com- plained of was one in which the defendant company describedthemselves as A.G.S. (Limited). The plaintiff company had complained of this and the advertisement had been discon-tinued. It was not suggested that the plaintiff company had a monopoly to A.G.S. as part of their name, and withsufficient variation to differentiate it from the plaintiff company another body could use the letters ; but the com-plaint against the defendant company was that they had used A.G.S. in a manner calculated to deceive. Thus one of theiradvertisements contained this :—" Aeroplaie General Sun- dries, Limited (the official meaning of A.G.S.)." This wasnot true. Another advertisement was this:—" A.G.S. stands for Aeroplane General Sundries, Limited." Thisagain was wholly untrue. The explanation given by the defendant company of their use of the earlier advertisement,which was discontinued, was not satisfactory, and, after the warning they had then received from the plaintiff company,their subsequent use of those other advertisements and the attempt to justify their use in Court satisfied him (hisLordship) that Mr. Justice Neville was right. The learned Judge had marked his view of the case byordering the defendant company to pay the costs of the motion in any event. That was a very unusual order, but inthis case the learned Judge was justified in marking his disapproval of the defendant company by the order which hemade. The defendant company had sought to use A.G.S. in a manner calculated to deceive, and the appeal must bedismissed, with costs. Lord Justice Warrington gave judgment to the same effect. It was then agreed that the motion should be treated asthe trial of the action and the injunction made perpetual. H H H CORRESPONDENCE. A.G.S. Manufacturing Co., Ltd., v. the AeroplaneGeneral Sundries, Ltd. [1956] I presume you will be publishing in your next issue areport of the recent appeal brought by this Company in the Court of Appeal in the case of the A.G.S. ManufacturingCo., Ltd., v. the Aerckpiane General Sundries, Ltd. An injunction was granted against the latter Company to restrainit " from representing by advertisement or otherwise that the letters A.G.S. stand for or are another name for " AeroplaneGeneral Sundries, Ltd. It was suggested that I had intended to confuse it with the A.G.S. Manufacturing Co., Ltd. Itwill not be necessary for me to assure the many friends I have in the aircraft industry that nothing has been furtherfrom my intention. The trouble arose in the first instance through a statement made in one of my earlier advertisements.This statement was made in perfectly good faith. Immediately the point was raised the advertisement was discontinued,and I have always done my best to give prominence to the full name and address of my Company, and I fail to see howany possible misunderstanding could arise. The Appeal Court has now seen fit to confirm the decisionof Mr. Justice Neville, and I should therefore be very grateful if you would allow me,to emphasise through the mediumof you journal, that Aeroplane General Sundries, Ltd., is a Company founded by me, to manufacture and deal' inA.G.S. parts, and has no connection with any other firm or company. In a serious national crisis like the present every womanis bound to do her utmost to serve her country, and it is my sole ambition to be of real service to the aircraft industry,in which I have always taken a real interest. I hope that in spite of this unfavourable legal decision, or even because ofit, I may rely on the continued and increased support of all APRIL I&, 191*. who are assisting in the production of the aeroplanes on whichthe safety of our country depends. Thanking you in anticipation of your courtesy. For AEROPLANE GENERAL SUNDRIES, LTD. DORIS M. NICHOLSON, Managing Director.Fulwcod House, Fulwood Place, High Holborn, London, W.C. 1, April 15th, 1918. COMPANY MATTERS. Vickers, Ltd. -THE directors of Vickers, Ltd., recommend a final dividend for 1917 of is. 6d. per share on the ordinary shares, making2S. 6d., or 12J per cent., tax free (same as for 1916), for the year, payable May 10th.Vauxhall Motors, Ltd. - THE report of Vauxhall Motors, Ltd., for 1917 states thatthere has been a still further increase in trading over previous years, and with the greater output due to the new shops thedirectors anticipate an increase of 50 per cent, on the turnover for the current year. They regret that they are still unableto submit the usual accounts owing to the delays in settling the amount of excess profits duty and special taxationpayable by the company. Business at the annual meeting to be held at Winchester House, E.C., 19th inst., noon, willbe formal, and shareholders will be asked to sanction the declaration of a final dividend of is. 3^. per share, less tax,making 10 per cent., for the year. NEW COMPANIES REGISTERED. COMMERCIAL AIRCRAFT AND ENGINEERING CO.,LTD., Throgmorton House, Copthall Avenue, E.C.—Capital ^20,000, in £1 shares. First directors : H. J. Prosser, C.Hollingshead, A. Hollingshead, F. H. Statham, and T.S. Wright. LACTOCOL, LTD., 31, Lombard Street, E.C.—Capital^5,000, in £1 shares. Acquiring business of manufacturers of " Lactogol " carried on by N. C. A. Ouwehand and W. C.Stewart at 2 and 2A, Studley Road, Stockwell, S.W., manu- facturers of and dealers in glue, aeroplanes and parts thereof,plywood, &c. First directors: H. Pyttersen, N. C. A. Ouwehand, and W. C. Stewart. • : BUSINESS NAMES REGISTRATIONS. CO-OPERATIVE GAUGE AND PRECISION TOOL-MAKERS' ASSOCIATION.—Registered January 18th, 1918. Gauges for aircraft and submarine work, tools, small partsfor naval guns, &c, 56, Myddleton Street, E.C.I. Partners: (1) Hubert Elkerbout (Dutch), 23, Myddleton Square, E.C.i; (2) T. Broeder (Dutch), 27, St. Martin's Avenue, East Ham,E.6. H H B 0PUBLICATION RECEIVED. The Aviation Pocket Book for 1918. By R. Borlase Matthews.London : Crosby Lockwood and Son. Price 6s. net. 13 H H El NOTICE TO ADVERTISERS. IN order that "FLIGHT " may continue to be pub- lished at the usual time, it is now necessary to close for Press earlier. All Advertisement Copy and Blocks must be delivered at the Offices of •• FLIGHT," 36, Great Queen Street, Kingsway, W.C. 2, not later than 12 o'clock on Saturday in each week for the following week's issue. If you require anything pertaining to aviation, study ••FLIGHT'S" Buyers' Guide and Trade Directory, which appears in our advertisement pages each week (see pages 1, li, and Hi). FLIGHT and The Aircraft Engineer. 36, GREAT QUEEN STREET, KINGSWAY, W.C. Telegraphic address: Truditur, Westcent, London. Telephone: Gerrard 182.8. SUBSCRIPTION RATES. " FLIGHT " will be forwarded, post free, at the following rates 2. UNITED KINGDOM. ABROAD. 3 Months, Post free. 6 3 Months, Post Free. 6 ,, „ 12 5. 5 10 20 d. o o o s. d. 3 10 7 7 12 „ „ .. 15 2Cheques and Post Office Orders should be made payable to the Proprietors of " FLIGHT," 36, Great Queen Street, Kingsway,W.C. 2, and crossed London County and Westminster Bank, otherwise no responsibility will be accepted. 438
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