In 1917 one Barling put some pipes on the market; with a white spot upon them end the Plaintiff commenced proceedings. The action would have been tried in March 1918, when conditions owing to the war were very difficult, and the Plaintiff accordingly served notice of discontinuance. 'I'his was the first challenge to the Plaintiff and has not been pleaded in the present action as one of the prior users.
In March 1920 the Plaintiff was again challenged by a firm of Wolf Brothers, who issued, and claimed the right to issue, pipes with a silver spot upon, the side of the mouthpiece. In their advertisements in the trade papers they drew attention to the spot in such terms as " our brightest spot,." Proceedings were commenced but after an attempt to prove prior user of white spots by other people, the Defendants consented to judgment for the injunction claimed and full relief with costs.