High Court of Australia
'os60,
HL. J. Gaeex, Govorament Printer, Methourne,
a ne te. FELON 'a
BK GIS | IN THE HIGH COURT OF AUSTRALIA.
ELECTRIC ESSENCE PROP:
'ARY LIMITED
LE. _KUGELMAN AND COMPANY FROPRIE- TARY LIMITED AND OTHERS.
REASONS FOR JUDGMENT.
OF MR JUSTICH STARKE
Judgment delivered at_....Melbourne...
on_ 3ist December 1935.
oa Sapam arpa ae erncempss ae
"=, IN THE MATTER OF THS TPADE MARK OF KUGHIMAN AND COMPANY
Ex parte ELECTRIC ESSENCE Pty LTD.
STARKE J,
Fermann Emil Kugelmann carried on for many yeare the business of a consulting herbal practitioner, and that of a manufacturer of herbal and other medicinal preparations, under the name of H.E.Kugelmann and Company. He also registered a firm name "The Kugelmann Herbal Skin Soap Curative System of Australasia*, and manufactured herbal skin soap, which he sold as Kugelmann's Pure Herbal Skin Soap. But his business, I gather, was carri ed om as a whole, and at the same place. He advertised himself extensively @s & consulting herbal practitioner, and also his manufactures under such riames as Kugelman's Herbal Magnetic Blood Purifier, Kugelman's Balsam of Paradise, Kugelman's Pure Herbal Skin Soap ete. About 1921 the name H.UG. Kugelmann and Company was changed to H.E.Kugelman and Company. This busi- ness, its assets and goodwill passed to the Electric Essence Pty Ltd, which Kugelman formed in 1930. But he did not give the Company the right to his personal services as a consulting herbalist or herbal practitioner, though he became the governing director of the Company and in fact gave
jhis personal services as a consulting herbalist for the benefit of the
Company, In May of 1931, Kugelman gave notice under the Business Firma
Act 1928 that he no longer carried on the business of H.E.Kugelman and - Company. The Electric Essence Pty Ltd was wound up voluntarily, and a liquidator appointed. Kugelman died on 23rd August 1932, soon after the wesolution authorising the winding up of the Sompany. The liquidator of the Company carried on the business for a short period. But socom after bis appointment he advertised for tenders for the purchase of assets in lots.
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