TRADE MARKS ON BATTERIES
Important Appeal
Case Ended
· APPELLANT WINS CASE
delivered.
CASE
THIS CERNA" MAIL, THEIRSDAY, OCTOBE
SPEECH DAY AT CENTRAL BRITISH
The sole question for our de FIRST IN NEW SCHOOL
termination is one of fact, whe-| ther the appellants' goods” are made up in such a way as to be
BUILDING
likely to deceive an unwat LARGE GATHERING OF PARENTS
interest taken in the indivi children and their untiring efforts to give them the best
School's Thanks"
"The thanks of the school are ịchaser, so that, when he thinks be
due to the Chainman and Com- A Full Court appeal against alis purchasing an 'Eveready" bat-
mittee of St. Andrew's Society for). magisterial conviction in a recent tery he really has put upon him. There was a very large gathering of parents present at the an- the J. R. M. Smith Scholarship: battery trade marks
ona battery bearing the Faul' mark. nual Speech Day of the Central British School which was held this the Manager of the Hong Kong September 1. before Sir Atholl The 1928 mark is limited in morning at the recently opened new school buildings in Kowloon, and Whampoa Dock Co. for the MacGregor, Chief Justice, and Mr. colours. The ground of the mark and at which Rev. G. E. S. Upedell, MA, the Headmaster, presid-two Annual Scholarships: Mr. Justice J. J. Hayden. Fuisue is french grey, with a dark blue ed, supported by Mr. B. Wylie, who distributed the prices, scholar-Ears Abraham for the Ezra Abra Jadge was brought to a conclusion line of about 1/8 top and bottom ships and certificates won during the year, Mr. T. R. Rowell, ham Scholarship; also to Lady this morning when judgment was (On the french grey ground are B.Sc., and Mr. E. J. Edwards, Inspector of English Schools, and MacGregor for a cup for the best
two dark blue squares surround- Mr. G. F. Rees. Assistant Master.
"All Rounder" for girls; to the The Paul Battery Co. Ltd., offing red panels; on one panel are During the course of his speech, the Headmaster drew the Central British Association for a Nos. 294-5 Lockhart Road, and words indicating the nature and attention of parents to the fact that closer co-operation was ne- cup for the best "All Founder" for the San Light Company, of Nos origin of the article to which the cessary if students were to achieve better results. He made par-boys; and to "Anonymous" for a 137, Des Voeux Road, appealed label is applied, and on the other ticular reference to girls being seen at 'dances up till midnight "Senior Games* Cup, (+ against the conviction against are instructions and a guarantee and at 9.30 p.m. cinema performances, which left them in a semi- "It is a great pleasure to us to them for infringing Trade Mark The distinctive features of the drowsy state the following morning at school.
have the honour of Mr. Wylie's[" No. 211 of 1928, owned by the Na-main panel are the letters
The School did exceptionally well as regards the Hong Kong presence here this morning; his tional Carbon Co. of America, and EVEREADY which are in black. School Certificate Examination, securing two distinctions in Eng-interest in education in general used by their subsidiary company, thinly edged with white. The let ligh, one distinction in French, and altogether five passes. and this school in particular is the Eveready Co.
ters are so arranged that they pro-
Mr. B. Wylie, who has served the school for many years, on so well-known that any words from Mr. H. G. Sheldon, K.C. in-ceed pyramidally from small ter the platform made a very fine speech in which he asked the pupils me are unnecessary, and I will structed by Mr. D. L. Strellet, aminal letters to the centre where to support loyally their Headmaster. He also paid a tribute to now ask him to give away the peared for the appellants, whilst the R and Ear approximately the former Headmaster, Mr. Nightingale, who had always had certificates and prizes." Mr. Leo D'Almada, jar was in half as large again as the terminal the interests of the pupils and School at heart, and who would structed by Mr. G. S. Hugh-Jones E and Y.
have been a very happy man had he been present at this, the and Grist for the
"On the other panel there is no first "Speech Day" in the new school building, for which he had
of unceasingly strived. distinctive design, the words
of Wilkinson respondents.
In delivering judgment. His the instructions and the guarantee Honour the Chief Justice said:-being in black on a red ground.
The Headmaster, Rev. G. E. Colony's Ladies Clabs. The Net "These are consolidated appeals The Paul mark is on a dark blue S. Upsdell, MA, in his speech ball results were poor due mostly under section 105 of the Magis ground, two red panels being sur-said:
to more concentration on Hockey, trates Ordinance 1932 against the rounded by a thin white line. 3
"It is with great pleasure that but with our grounds so close an decision of the senior Magistrate, blue border and a thicker white I present the report for the improvement is hoped for this Victoria, in proceedings under the line before merging into the uni-1935-6, the last year in our old year. Merchandise Marks Ordinance
form dark blue background.
On school. Despite the crowded! Results were as follows:- 1890 on the complaint of Mr. R. A both panels the distinctive mark conditions and the impossibi-
Hockey: Played 8; won 5; lost is the word PAUL in blue letters lity of sometimes getting 2; drew L "Mr. Waters at a material edged with white. of a uniform whole form into its room, the Netball: Played 20; won 2; lost times was the local representative size and surrounded by a blue oval year has been one of satisfac-17; drew 1.
S. Waters.
ing T.M. 211/1928 and 7/1930, used 'Eveready battery.
"The appellants are respectively.
the manufacturers and the dis-
imitation
*ance of this
But
we
Mr. Wylie's Speech Mr. B. Wylie spoke as follows: "I have to thank you, Sir, în bonoaring me by asking me to distribute the prizes at this first prize giving in the new School
“I congratulate those boys and sirls who have won prizes. It is generally the accepted thing on occasions such as this to commis- serate with the “also-rana.” But one has to be careful There is often a `reason why a boy consis- tently fails to win a prize. 1 know, because I never won a prize!
Some
THE 53RD ANNUAL
AL FRESCO FETE
SOCIETY OF ST. VINCENT DE PAUL
will be held in KOWLOON
on the vacant plot of land
(Near Rosary Church, Chatham Road)
On SUNDAY, 1st NOVEMBER, 1936 From 3.30 p.m. to 11 p.m.
Under the Distinguished Patronage of
H.E. THE GOVERNOR, SIR ANDREW CALDECOTT,
Kt., CMG, CRE
AND
LADY CALDECOTT.
ADMISSION 10 CENTS
Bach" Souvenir Ticket entities Holder to Free Admission and a Souvenir on the day of the Fete only. Several Attractive Amusements Specially for Children will be provided.
Tea and Refreshments will be obtainable. The Grounds will be brilliantly illuminated in the evening.
NO WORK OF CHARITY IS FOREIGN TO
THE SOCIETY.
COME AND HELP HONG KONG'S POOR.
nothing would give him more ples-
Print Box (mior) Anthony
School Cartiñesta Framination:
N. D. Booker. 2. G. Budden,·· 3. P. Burz
4 L. Gregory.
5. A. Martin.
University School Certificate Pxamination:
1. Peter Simon (Hons.) Dist. in
Paglish 2. Andres Martin, Dist, in French. - 3. Patricia Kathleen Hopkins. 4. Peter Watsen. Dist. in English. 5. Noel David Booker.
CASE OF ALLEGED
ASSAULT
of the National Carbon Company (edged with white. The reset tory progress due to the excel- "The annual athletic sports while at school. So I think we Fed. Inc.. a subsidiary company blances are. the use of red and lent spirit prevailing and the were held in March, the House may leave it at that of the National Carbon Company white and blue as the predominent determined efforts of the chil-Championship being again won by "Now boys and girls, I'am not Inc. which is the proprietor of jecleats. but in the Paul mark dren
to co-operate with the Chocolate House. In the Inter-going to make a long speech. In- various registered marks includ-there is none of the french grey Staff in making the best of dif- School Athletic Sports, E. Rodgers stead, I am going to preach to you [yozga former Headmaster, Mr. Book. Drawing: (Senior Boy) De-
T.M.which bulks so largely in the 1928 ficult situations. The least 1won the 1500 metres event. There a little sermon. Please do not to advertise the mark, nor
Nightingale. If Mr. Nightingale rek Hollidge. Miss Hall. could the distinctive can do is to express my appre was no organized swimming dur-fidget at the mention of a sermon: had been with he to-day, he would name marks possibly be confused.ciation of the spirit of the chilling the year. bat the Annual promise you it will not take have been a proud man.
Green." Mrs. O'Connor. Other Differences
Paint Box. French: Mavis BorneI. dren and of the untiring efforts Swimming Sporta were held at Further, the words and numbers of the teachers. The result was the Y.M.C.A. in July; the House]
"You, Sir, have made kindly re-Miss Hesp "I am going to take as my text ference to my interest in this! Paint Box *Geography: Robert tributors of the Paul Battery, in used to describe the batteries dif- that we were able to carry on Championship being won easily by for this sermon the words: "Beschool but such “interest was as Joseph Maycock. Mr. Bowell. connection with which they use fer radically, the 1928 mark fear- until the very last day of term. Chocolate House.
hold, a chicken come to `roost.”
Paint Boz Domestic Science Prize: the label complained of.
ing the legend No. 950" above the and produce results which are
Mattie Fraser. Mrs. Cooper. “On July 17, we had our final "Now I want you to look upon nothing compared as to the inter Two OfenCER
word Eveready' and beneath it
Cup. Best all rounder (Boys): E a credit to any school. "Before the Magistrate each ap-Unit Cell in large black letters,
assembly in the old building, myself as the chicken and this est displayed by Mr. Nightingale pellant was charged with two whereas the "Paal" mark has under "We had one honours in the transfer having already commen-table the roost. Let me explain, and it has always been a matter for Hoiden. C. B. A.
Cup. Best all rounder- (Girls): A. "For more year than I care to gret that financial stringency offences, the case for the prosecu- the word 'Paul' the words 'No. 320, Hong Kong School Certificate ced to our new home where
Examination, tion being that the label affixed to Single Cell'
a remember, I have been attend caused delay in the building of Martin Lady MacGregor. two distinctions now have all the facilities of the Paul battery was a colourable "I am of opinion that the dis-in English, one distinction in first-class school, and I shoulding your prize-givings On such this School until after his retire-List Of Passes In The Cambridge
of both the 1928 and similarities to which I have drawn French, and altogether five like to appeal to parents to co occasions I have generally been ment from the service.
Red Letter Days and eliminate seated on the platform. I have! 1930 mark. At the close of the case attention are in themselves suffi-passes. Also five out of seven operate with us
**The Central British School and for the prosecution Counsel for cient to make the whole of the two candidates passed the Cam-some of the handicaps we have heard many speeches such as I
the well-being of his boys and the defendants submitted
that labels dissimilar, but I am forti-bridge School Certificate Ex- previously experienced. Perhaps am endeavouring to deliver girls were the thoughts continual Pan In The Hong Kong there was no case
to answer. fed in that opinion by the addi-amination.
examination it would be helpful to state more you to-day.
ly uppermost in his mind. Prize Delicate Task With this submission the Magis- tional fact that not only does the results, though important be-jspecifically what I mean.
far as the 1930 Eveready advertisement appear cause they are the entre into
"Invariably it has been with giving days were red-letter days trate agreed so
Action Deplored mark was concerned, but be found ing in April 1935 in the Canton many walks of life, are not by
quiet amusement that I have sat in his life and I feel that he would have given almost anything to that the 'Paul' label so nearly re-paper to which I have already re- any means the hali mark of a
"During last winter some girls and listened to those speeches have been with us to-day. sembled the 1928 mark as to be ferred, refer to the battery as school The character of the from the school went out to a pa-Often I was critical
"On these occasiona, I caxi re- calculated to deceive, and convict the Wing Pei brand, but the children and their ability to fit blic dance on a Wednesday night speeches I thought were too long: ed both defendants.
evidence of Wang Wa Yan, the into the corporate life of the during term. It is frankly impos. others again quite unsuitable for member that following this. cere- mony three hearty cheers were "The 1928 mark would not ap-only witness who was called to community are among other sible to expect them to be fresh boys and girls. In fact, I
always given for Mr-Nightingale. pear to have been largely used of testify to the trade in such bat-things extremely important, and clear-headed for the follow hardly remember ever hearing a He is not with us to-day but recent years, at least in the Farteries, is to the effect that what and pupils who have passed ing day's work. If it was only speech which I considered quite suggest that you on a East. Mr. Waters, whose erperi- are known about the 'Eveready through the school are a credit the girls themselves who suffered, appropriate and exactly suited to cheer him. You can cheer him
trade in China battery are the number 950 and to us, many of them now oc-lit would be the parents' responsi- the occasion. limited to the last 18 months, de (the name "Wing Fei (Eveready).cupying important positions.bility, but the whole class suffers
"Imagine then my dismay when and thus show that he is still in tremendously by writing to him
posed that he had seen batteries "I find, therefore, as a fact that "During the year, visits were which is an entirely different mat- a short time ago your Headmaster bearing that mark in a store in the Paul' mark does not so nearly made by large parties of thefter. Or again: some children at asked me to distribute the prizes/Your thoughts I feel certain that Warrant: For Arrest
Issued Shanghal, but there is no repre-resemble the "Eveready" 1928 children to the Kai Tak Aero-tended the 9.30 pm. cinema show to-day. Of course, I immediately sertation `of that mark in the mark as to be calculated to de-drome, the Hong Kong and on a Sunday night: it was impos-replied that I would be only too sure than to be remembered în
that way.
Sui Ching, a travelling trader, fail- "Eveready calendars for 1931 to ceive, and these appeals therefore Shanghai Bank, the Commercial sible for the children concerned pleased to come and undertake this "I cannot conclade without re-ed to appear before Mr. W. Scho- 1936 or in the advertisements in must be allowed."
Press printing works, and the to get to bed before midnight. pleasant - duty. Then, awful ference to your present Headmas-Seld at the Central Magistracy to American, magazines or in the Mr. Sheldon applied for costs "Dorado" when she brought the| "It is hardly playing the game thought, I realised that I would
sem. In Mr. Upedell you have one who answer the charge of assaulting Kwok Wa Fo for April 1935, all for the appeal and the hearing in first scheduled airmail from the to expect them to be alert and have to stand here to-day and ad- is eminently fitted for the high a district watchman while on
Court below. this being Straits.
steady on the Monday morning. dress you.
joffice which he holds. His is a re duty in Des Voeux Road West The library has been very been received from parents sakmy, anxiety, I
Quite a number of letters have felt quite panicky. In sponsible position and he is proud yesterday. His bail of $50 was consulted my of his School and its pupils. estreated and on the application largely used, 30 books and more being taken out daily by the chiling for their children to be excus-daughter whom several of you trust that every boy and girl in of Detective-sergeant Davies
ed homework because of parties, may remember was educated at this school will loyally give him warrant for his arrest has been dren, and a large number of perte. It is my duty to point out this School and who naturally was the best that is in them." iodicals of an educational asture] are extensively read in the library that a full education is provided better able than myself to suggest
Prize-Winners en- what I should say to you to-day, itself. May I express the school's for the children, and if you appreciation of the various gifts] trust your child's education to "She remembered a nice speech M.Sh” “Scholarship: mark, nor is abandonment sug- gested on behalf of the appellants. ish frontiers. The Soviet does of books made throughout the, then it is incumbent upon you given on one occasion by Laady Certificate and Choque: Muriel Me- small boy who was suspected of
Evidence Considered not object to the establishment of year, and at the same time appeal to see that nothing is allowed to Southor. Eagerly, I asked what Caw.
interfere with the complete enjoy-the therre was." "But this she had The children "It is therefore not surprising control at ports and points along for further gifts. that no evidence was led to show the frontier unoccupied by the re-read extensively and widely: wement of the facilities available, forgotten. One thing, however, that anyone had in fact been de bels, providing the consent of the get no grant from Government for May I quote Sir Richard Living-she did remember. She remen- ceived. The only evidence before legitimate Spanish Government is books, and gifts will therefore be stone in his presidential address bered that Lady Soutborn in heride,
to the Education Section of the speech had made mention of Kext-1 the Magistrate, on which he was obtained. The Soviet proposes to very greatly appreciated.
British Association this year?ings fies powder! Wasn't it tragic Sports Activities invited to
find that the resem-begin immediately discussion of
"In sports we can play the game)
**The Firal Goɛ?"
to think that of that clever little blance between the marks was so this proposal
SITUATION STILL OBSCURE {with anyone and lose well, ́al-i "The final goal of education is peech all that one little · brain great as to be calculated to: de-
{had' retained-was- a passing, - re- It is, understood that the Bri-jthough in cricket we had only five not the capacity: to earn - one's ceive, was copies of the marics)
ference to fes-powder! and Italian repre- opportunities of showing our "los- bread er to live in a community, themselves. It is not, of course, tish, German
Moral Of SermON"}, necessary to prove actual decepsentatives on the non-interventioning ability. The 1st XI had a though these are included in it, tion, for the probability of decep committee have expressed the very successful season playing 21 but the making of human beings. Now, boys and gitis, I come tion may be so made out zliande, opinion that the Russian elucida-games, the opponents including Body, character, and, in the wid-to the moral of my little sammen. but as the question is in other tion still fails to clarify the altus-local League teams, Naval Units, est sense, reason, make the man. Consider my unhappy position to- means free from tion completely. The committee Army Companies, and the R.A.F. A body undeveloped, a character day. Consider this poor chicken respects by no
Book Form --Wilan#Gerg doubt cases of actual deception accepted the Italian and Portu-Sixteen games in all were won and weak or debased, a mind unaware come home to roost. The TROTA!
4-Jean Gray. would be of the utmost importguese replies to the charges as 5 lost. Our only inter-school of the universe which we inhabit is this: whenever anyone le do Book Farm
Book: Form-3: Mary Patson. ance, and I cannot fail to attach satisfactory, but M. Maisky, the games were with the Diocesan or of the achievements and ideals ing anything whether it be at
Book For Fuck MomsE some weight to the fact that no Soviet representative, dissented in Boys' School who were defeated of mankind, proclaim the failure school, in the playingfield or in Books Forms Uf George Scott: case of deception is proved. The both cases.
twice. In Football 17 matches of education and walk the world the home, never judge their effort Book: Form 12:Andrey Hall, evidence of the Isane of the Kok A further Italian, Note alleges were played, out of which 8 were as a standing reproach to it too harshly, never be captions Special Princes Wa newspaper for April 16, 1935, an additional 20 charges of Soviet won, 3 drawn, and six lost.
"I find it impossible to conceive and mer-critical Remember that Cheque and Car War Memorial goes to show that the Eveready violations of the non-intervention "There was a very marked im- of any child obtaining a better one day you may be in a like post-Prize: Peter Le Simon battery and the "Paul" battery, are, įpact, instancing the unloading provement in the standard of the education than is available here, tion yourself. Remember you Andree Kartin at least in Canton, competing in at Alicante of war material dis- Girls' Hockey, and they did well and we ask that parents will see may be called upon to do the Book History Mine Man- the market, yet there is no evid-guised as foodstuffs and wearing to win, the Junior Seven-a-side that nothing is allowed to inter, same sort of thing, and, like muy sell ang ence that the makers of "Eveready apparel, the aurival at Madrid of Trophy and finish third in the fere with the full enjoyment of self this morning, may perhaps Book English Computer Peter
Date" (Fusiliers) and Stevana batteries have suffered, or ~ are 25 Russian" (zaroplanes, and the Junior Hockey League. It is very both lessons, sports rand- home- not be able to do it nearly 80 likely to suffer, any damage by the unloading at Alicante of six digestifying to notice that girls work I know I have the full pup-WATE use by the appellants of the mark mantled Enasian fighting, planen, leaving this school are taking|port of the parents in expes complained of
Bantar
Team places in no many of the thanks to the Stat for this gr
of which were exhibited in the ease the
The prosecutor, în fact, was un-granted.. able to produce any copies of the
1928 mark when requested to do so by the defence, nor was there any copy before the Magistrate except that on registration.
the certificate of There is, however,
no evidence of abandonment of the
11
REBELS IN SIGHT OF MADRID
(Continued from Page 13
"T
issued.
Detective-sergeant Davies said· that the watchman was searching...
bugs carrying herom when the defen- an Govezimest. Scholarships: comidant asammited him, with the re- Certificate: Form 5: Mavis Bot salt that the boy get away. The
district watchman received alight bruise on his chest. Certificate: Form 4 William Pry- Certificate: Form 2-Zem. Maze Certificates Form
L
Certificate: Fora Ul: Betty Mos. Certificate: Foam Lean Hale
Lagard Scholarship: Certificate: 1988: Mary Parsons Je
Dock Company:
Certificate SIA PERCA 2. George Scott Tara Abakker Scholarship:
Watson.
با معنی دار
ARMY SOCCER TEAM SELECTED
Strong Eleven To Meet Navy Next Wednesday
The following have been select
the Navy in the Katewall-Cay competition on the South China. Athletic Association ground at Caroline Hiti next Wednesday afternoon at 4 pasir **Bowiends (Fusiliers); / Swain (East Lanes and Staele (East Lanca. Taylor (Fusiliers); Camp- hell (Rifles) and Evans (Fusiliers) Erwin (Rifles), Duffield (1..A.0.C.) Howlett (RE), Talbot (Fusiliers) and Hartigan (Rider)
Reserves: Selli (RE); Kest
quadran: Martinsa týka ed to represent the Army mgainat
Book, Drawing: (Vith Farm), An- Moore (Rides), drea ·Martin Miss H«t
Paint Box Drawing: (Senior Gid) reference to Mavis Borner. Miss Hol
Grind
and Knight (126) Lancs). Dennis (Fr (Biles), Sandford Hughes (Rifles)..