American Tobacco Co. v. Riggio Tobacco Corp.

Plaintiff moves for a further examination before trial of the defendant, a domestic corporation, by one Sydney Bothman, a director of the defendant, who resides in Great Britain. The complaint charges unfair competition in the use of the words “ Pall Mall”. Defendant’s answer asserts denials as well as counterclaims charging the plaintiff with infringement and unfair competition in the use of those words, claiming original, earlier and continued use of the words.

Pursuant to notice, plaintiff has examined the defendant before trial through its president, Jacobus Johannes Naude. It is stated…