Defendants denied that the trade marks in
question were properly registered as the property of the plaintiffs and that the marks were used by the plaintiffs prior to 1875. They asserted that the characters Yeeuah were common to the watch trade in Hongkong and China and that plaintiffs and their predecessors had acquiesced in the use of such characters.
THE HONGKONG WEEKLY PRESSAND
Mr. Slade continued his opening statement, and quoted a number of cases in support of his contention, after which he read the evidence taken on commission in Switzerland.
The case was adjourned,
*
CHINA WOMAN'S DEATH.
SUICIDE TO ESCAPE CREDITORS.
At the Magistracy on the 4th July Mr H. H. J. Gompertz held an inquiry into the cause of death of Chan Tai-shing, a female, 19
into the harbour at Praya East on the 2418 years of age, who committed suicide by jumping ultimo.
Dr. Macfarlane gave evidence as to holding a postmortem examination on the body of decoased, but said it was too decomposed to admit of a diagnosis. He thought drowning was the cause of death.
Mr. M. W. Slade, instructed by Mr. John Hastings, appeared for the plaintiffs, and Mr. E. H. Sharp, K.C., and Mr. H. G. Calthrop, instructed by Mr. Wilkinson (of Messrs. Wilkingou and Grist), appeared for defendants. Mr. Slade, after explaining that the proceed. ings commenced in 1902, stated that the points for his Lordship's consideration were: (1) whether the marks Po Wai and Ina are trade marks either alone or in combination with the border; (2) whether the plaintiffs are properly registered in respect of such marks; (3) whether the plaintiffs or their predecessors used such marks before 13th August, 1875; (4) whether
Chap Loc-ho, of No. 43, Ship Street, said the plaintiffs watches marked with such marks deceased had been in her house for about two are known as fo Wai and Ina watches; (5) years. She last saw her alive on the right of whether the characters comprising Po Waithe 24th ultimo, when deceased said she was registered by the defendant in Berne in 1893 going for a walk. Witness had heard that materially differ from those of the plaintiffs' Po Wai marks; (6) whether the plaintiffs' herself,
the girl was always talking about killing so followed her. Deceased walked prior to those proceedings have complained of
to the end of the wooden wharf near Blue such infringement; (7) whether the defendants Buildings and jumped into the s03. Wit hare in recent years sold watches bearing Po
ness grabbed her," but was unable to hold Wai marks; (8) whether the plaintiffs were
her, so informed the police and made aware that defendants have sold for many years
report at No. 2 station. Witness thought past (a) watches marked Ina with circular
deceased took her life because she was in debt border, (b) watches marked with scalloped border Her creditors were continually pressing her alone, without any character in the centre for payment, and being unable to meet their thereof; (9 whether the mark Ina is commou demands she took her life. Witness did not to the trade in Hongkong and China either know how much money she owed, or for what with or without a border; (10) whether the she owed it. scalloped border alone is common to the trade. (11) whether the plaintiff has acquiesced in the infringement by defendants of their rights if any, in (a) scalloped border with azure (6) Ina; (12) whether the defendants' Ius and Po Wai marks are infringements of these registered marks, ie., whether they are the same or 80 closely resemble as to be calculated to deceive; and (12) whether the defendants have done the acta alleged in paragraph 12.
T
Mr. Slade then sketched the history of the proceedings. The plaintiffs were the successors of Messrs. Bovet and Company, who were the inventors and originators of those two patents. Counsel described in detail the trade marks in question and said that the name was the only thing of value. Defendant, who Hongkong since 1860, must have known the watches bearing the characters Po Wai and Ins, but in 1903 he registered in Switzerland four Chinese characters which were identical with those of plaintiffs.
The case was adjourned.
AN EXPLANATION,
was
in
The Chief Justice stated, with reference tu the decision of the Supreme Court yesterday, disallowing certain costs, that the solicitor bad given him a full and frank explanation. There was much to be regretted in what had occurred, and the natural inference which his brother Justice and he had drawn was now disabused as the result of that conversation. He therefore accepted quite frankly the full explanation which had been given to him, and with the concurrence of his learned brother that part of the judgment would be dispensed with .
Friday July 6th.
IN ORIGINAL JURISDICTION.
BEFORE SIX FRANCIS PIGGOTT (CHIEF JUSTICE).
ALLEGED INFRINGEMENT OF TRADE MARKS. The hearing of the action in which Caesar Leuba and Charles Leuba, watch manufacturers, trading under the name of Leuba Freres, No., Rue Sapin, Fleurier, Switzerland, sought an injunction against Ullman and Com pany, dealers in watches and silver ware, No. 34, Queen's Road Central, to restrain them from infringing plaintiffs' trade marks WAS resumed.
Mr. M. W. Slade, instructed by Mr. John Hastings, appeared for the plaintiffs, and Mr. E. H. Sharp, K.C., and Mr. H. G. Calthrop instructed by Mr. Wilkinson (of Messrs Wilkinson and Grist), appeared for defendants
In reply to Mr. Dyer Ball, of the Registrar General's Department, witness said it was not a fact that deceased owed the money to her mistress. The mistress supplied her with food but she paid for her own clothing.
After further evidence was heard a verdict of suicide by drowning was recorded.
A BAD-TEMPERED “BOY,
Mrs. E. Robinson, of No. 6, “Mountain View, The Peak, charged her house-boy with assaulting her, and with disobeying lawful orders,
Complainant stated that before leaving for the city on Saturday morning she instructed the boy to do certain work. When she returned home she found that he had not set about his task, so she caught him by the queue and asked him why the work was not done. He picked up a tin can and struck her across the mouth with it. Defendant was a good boy, and worked well, but he probably refused to do what he was ordered on this occasion in a fit of temper
Defendant stated that when he was 'tugged by the pigtail he grew dizzy, and the can flew round and struck the complainant!
His Worship sentenced him to one months imprisonment and six hours' stocks on the first. charge and bound him over in the sum of $100 on the second charge.
NEW TERRITORY NOTES
THE CROPS.
The first crop of rice is being cut Ch. fortunately, it is very oneven, due partly to the scarcity of water in the early spring. Many fields were not cultivated owing to the drough; but those that were cultivated have produced a good crops
Lichees have not come up to expectations. It is stated that the ants affected the flowers and that high winds prevailing at the critical tim when the fruit was forming have been the causes of the unsatisfactory corp.
Neither will the pineapple crop be good this year, another effect of the lack of moisture in the early part of the year.
The peanut crop looks very promising on the whole, as also the sugar cane.
[July 9, 1906..
are not to be cut down until they reach a certain stage of maturity, and then if cut down others to be planted in their place. These licenOSS do not, of course, allow the inhabitants to cut down wild trees or the natural hill products.
A number of robberies have taken place over the border in Chinese territory. It is thought that the scarcity of food inland, owing to the floods, is responsible for many bad characters spreading over the country.
suffered from the heavy rains. Deep ruts have The railway embankment near Taipo has been made and these will have to be repaired. Until the embankment has a growth of grass, these incidents will likely continue.
=
THE STERLING man and the DOLLAR.
INDIAN POLICE DISSATISFIED.
Events which are alleged to have occurred at the Central Police Station on July 6 indicate that the agitation among those Government servants who are paid on a sterling basis has spread to the Indian police. Throughout the service great dissatisfaction prevails, but appears to be more pronounced in the police than other branches. We understand that the Indian police waited on the Captain Super- intendent and laid their case before him, and it is said they were persuaded to return to duty with difficulty. We further learn that the C.S.P. sentenced one man to seven days' im- prisonment for insubordination, and that other cases are pending.
THE COMMISSION.
UNOFFICIAL EVIDENCE INVITED.
That the Government Commission inquiring into the operation of the Public Health and Buildings Ordinance and the question of irregularities on the part of officials is serious in the work it has undertaken has never been gainsaid, and, though unexpected, the advertise. ment which appeared in the H.D.P. inviting the co-operation of the inhabitants amply bears out that view. 'There was never any doubt but
that the Commission would be able to make a searching inquiry, to be followed by a deeply interesting report. but the greater evidenco coming from outside sources will undoubtedly add to the value of its deliberations. promised protection of witnesses should remove any reluctance on the part of those in a position to testify.
KOWLOON-CANTON RAILWAY.
•
PROGRESS OF THE WORK.
The
A few months ago we referred to the progress the that had been made with regard to Kowloon Canton Railway, particularly in the neighbourhood of Taipo, where several miles of embankment had been raised. Now it is interesting to learn that nearer Kowloon there are indications that the work is being seriously taken in hand. Trees have been cut down, the road cleared, and the route marked ont from Shatin to Taipo. As is known, the railway will run parallel with the shore all the way between Shatin, it will also run parallel with the highway; these two places, and from Ha-wo-tse, above The principal work on the British section will is here for the next three years. Already operations have been commenced on the face of the tunnel which will penetrate from above the village of Kanghaw to Kowloon Tsai, preparations having been made for the sinking)
of a shaft.
Perhaps the most significant feature of the progress of the work is that next month will see the arrival of 500 coolies from the north, to be
followed shortly afterwards by another con- tingent of the same number. These men are It will be remembered that the Government experienced in railway work, having been about a year ago introduced a scheme for the employed on the construction of the railways preservation of the forestry of the New Territory.
in the vicinity of Peking. Between 40 and 50 Only a few people took out licenses, but now
matsheds have been erected at Shatin for their that the scheme has become systematised better accommodation, We also learn that Ilian results are being obtained. Licences are i
engineers, who have been engaged on French granted to villagers to cultivate trees which railways in Yunnan, are employed here.