b'The battle for the Bayer crossBayer Pharma v Henry H York & CoThe Bayer trade mark hearing ran from 4 July 1962 until The leading silks of the time were briefed for each side: 17 September 1964 the longest and most expensive trialDouglas Staff QC and Robert Ellicott QC (who later served to have been heard in the Supreme Court of New Southas solicitor-general and attorney-general of Australia) for Wales at the time. Allen Allen & Hemsley represented Henrythe plaintiff, and Sir Nigel Bowen QC (who later served as H York & Co, a longstanding client who, since 1921, hadattorney-general of Australia and as the inaugural chief been the Australian distributor of Bayer pharmaceuticaljustice of the Federal Court of Australia) for the defence.products, including the popular pain- reliever Aspirin.The trial ran for fourteen months, during which timeBayer products were manufactured in Germany by291 witnesses were called and 1,000 affidavits and exhibits IGFarbenindustrie AG and marketed in Australia with were tendered in evidence. The court found in favour of the well-r ecognised and trusted Bayer cross logo.Henry H York & Co, and ordered Bayer Pharma to pay costs, estimated at a staggering 250,000.After the Second World War, the Allied Control Commission seized the assets of IG Farbenindustrie AG. Their assets were divided into a number of different companies including Bayer Pharma, a subsidiary of Sterling Drug Inc in the US. In 1961, when Henry H York & Co resumed selling Bayer products in Australia using the Bayer cross, Bayer Pharma took immediate objection, claiming it had sole rights to the trade mark in Australia. However, Bayer Pharma was not selling genuine German Bayer pharmaceutical products despite using the Bayer name and cross. The dispute was assigned to young litigator Hugh Jamieson, who needed to show that doctors and consumers believed products bearing the Bayer trade mark were manufactured in Germany. Many people of German descent who could confirm this belief lived in and around the Gold Coast, near the New South Wales ski fields (due to construction of the Snowy Mountains Scheme) and in the eastern suburbs of Sydney. Jamieson headed north to the Gold Coast and hisAdvertisement for Bayers Asprin. articled clerks Kevin McCann and Howard Schreiber wentPix Magazine, 28 November 1953.to the ski fields and eastern suburbs, to obtain affidavits. Jamieson and McCann enjoyed their weekends duringthat period. 152'