IN THE MATTER OF MIKKLESEN'S PATENT AND IN THE MATTER OF KNUDSEN'S PATENT

12 N·o. 1.] REPORTS OF PATENT, DESIGN, AND TRAm: MARK CASES. [Vol. XLIV. In the Matter of Savage's Applioation for the Registration of Trade Marks (Nos. 444,620 and 444,621). differentiation. It is a matt'er of memory to decide the purpose or associa,tion of the words respectively.". • But, even if there were no risk of the one word heing taken for the other, so that every member of the public would know that" Nujol " and" Nuvola" designated different things, the matter is not concluded in favour of the 5 Applicant. For, to adapt once, more the words of the Master of the Rolls, in their appearance and sound the two words seem to belong to ,a s,eries of associa,ted trade marks to which Sections 24 to 26 might be applicable, or, to a~apt the words of Lordi Justice Sargant, "Even if the slight distinction "hetween 'Nujol' and 'Nuvola' were noticed, yet having regard to the 10 "ordinary practice of large producers to register a se,ries of similar marks "to denote various grades of their produce, it seems to me highly probable "that an infer,ence 'Of identity of origin would be drawn." For these reasons, I have ICOme to the conclusion that the' Applicant has, to say the least, left the matter in dubio. That being so, it follows that, in 15 my opinion, the learned Registrar was right in r,efusing the applica,tion. The appeal will be dismissed with costs to be paid by the Applicant, except in so far as the costs were increased by the charge of fraud. The Applicant's costs, so far as they were increased by that charge, must be paid by the Opponents, and there will be the usual set-off. 20 Hanworth.-My Lord, I take it that refers to the Application in Class 42 and the Application in Class 3 7 ROMER, J.-Yes, both of them. There will be the usual Order as to the costs of the Registrar. IN TIlE HIGH COURT OF JUSTIqE-CHANCERY DIVISION. 25 Before MR. JUSTICE TOMLIN. May 13th, 1926. IN THE Mj\,TTER OF MIKKLESEN'S PATENT AND IN THE MATTER OF KNUDSEN'S PATENT, Patents-Application by Originating Summons for extensions of the terms of the Patents-Patents two of b, group relating to same inventions-Patentee 30 13 Vol. XLIV. ] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No.1. In the Matter of Mikklesen's Patent and In the Matter of Knauleen's Patent. as m,ch-One Patera having more than a year to run-Five years' extension granted in the case of each Patent-e-Patents and Designs .A.cts 1907 and 1919, Sectlen. 18, Sub-section (6). M. and K. were the Grantees of two Patents to which D.O. uiere entitled in [) equity at the date of the grtlnt. The Patents were two of a group relating to the use of Diesel engines for marine purposes. In 1912 D.C. solid. to A.O. (inter alia) the benefit of the Patents. A. O. transferred their rights to a subsidiary company, S.O. In 1917 H. & W. acquired the whole of the share capital in S.O. uihose business had become a branch of H. & W.'s business. In 1920 the 10 Patents urere assigned to H. & ,We subject to a couenasit to re-assign to D.O. on the termination. of an agreement uihich. could not happen before 1932. · H. & W., S.O. and D'.C. applied by Originating Summons for extensions of the terms of the Patents. Evidence was g·iven that owing to co-usee arising out of the ioar the introduction of Diesel enqines for marine purposes had been J 5 considerably retarded. An extension of five years was granted in the case of each Patent, the extensions being individual. Letters Patent (No. 27,849 of 1910) (with Convention date the 3rd of May, 1910) were granted to Vilhelni M ikkleserc in respect of an invention of "Improve20 "ments in and relating to Fuel Injection for Internal Combustion Engines." Letters Patent (No. 14,946 of 1911) were granted (dated the 26th of June, 1911) to Ivar Peter 13agger Knudsen in respect of au invention of "Improved Reversing Mechanism for Internal Oombustion Engines." On the 27th of July, 1925, Harland & Wolff Ld., The Burmeister and Wain 25 (D!£esel System) Oil Engine Co. Ld. and Aktieselskabet Burmeister and Wain's j/askin og Skibsbyggery applied by Originating Summons for an extension of the terms of the Patents, Affidavits in support of the Application were rna,de by John Philp (Secretary of the two first named Applicant Compa.nies), Frederic Ernest Rebbeck 30 (Director of the two firat named Applicant Companies), Owen Cosby Baron Kylsant (Chairman of various shippi ng companies), Hans Henrik Blache (Managing Director of the last named Applicant Company) and Vilhelrn. Mikkelsen from which it appeared (inter alia) that the Patents were two of a considerable number grantfed for inventions connected with the Burmeister 35 and Wa.in Diesel Engine, and that at the date when they had been grant.ed they had belonged in equity to the Applicants Aktieseiskobet Burmeister and W a,in' s J11 ask.in. og Skibsbyggerri (referred to as "The Danish Oompany"); that in Novemher, 1910, the Danish Company, in 'Consideration of royalty payments oalcula.ted on brake horse pow,er, had gra,nted to Barclom Curle &: Co. Ld. 40 the 'Sole right of manufacturing in the United Kingdom internal combustion oil engines of the Diesel. type of Burmeister & Wain's design, and that in October, 1'911, the Danish Company had entered into a similar agreement with Swan, H unter & W ighalll' Richardson Ld. in respect of internal combustion oil engines of the Diesel type. of the Danish Company's design; that on the 14 NO.1.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [Vol. XLIV. In the Matter of Mikklesen's Patent and In the Matter of Krnidsen'» Patent. 27th of Ma-rch, 1912, the Danish Oompany agreed to sell to the Atlas Mercantile Co. Ld. (referred to as "The Atlas Oompany") as rega-rds all parts of the world except Denmark and its colonies and Sweden the benefit and right so far as the Danish Oompany could confer the same to use and exercise the Burmeister & Wain system of Diesel engine construction and the henefit of 5 all patents relating to the said system owned or controlled by the Danish Oompany, but reserving to the Danish Oompany·the right to sell and deliver in any part of the world engines or machinery made in Denmark or its colonies or Sweden, and the right to receive the royalties payable under the licences granted by the Danish Oompany to Barclay C11Jrle &-Co. Dd. and Sioan, Hunter 10 &. Wigham Richardson Ld. ; that on the 29th of March, 1912, a, subsidia-ry Company, the Applicants, The Burmeister & TVain (Diesel System) Oil Engine Co. Ld. (referred to as "The Scottish Oompany") had been .incorporated, and that by an agreement dated the 30th of March, 1912, in consideration of the issue to the Atlas Oompany of the whole of the deferred capital in the 15 Scottish Oompany the Atlas Oompany had sold to the Scottish Oompany (inter alia) so far as regards Great Britain, the henefitand right so far as the Danish Company could confer the same to use and exercise the Burmeister & Wai n system of Diesel engine construction and the b (...truncated)