LOCAL SPORT.
FOOTBALL.
SUPREME COURT,
Monday, 16th November,
THE HONGKONG DAILY PRESS, TUESDAY, NOVEMBER 16TH, 1909.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR MB. W. REES DAVIES,
E.C. (ACTING CHIEF JUSTICE).
THE FLORIDA WATEK TRADE MARK CASE,
BUFFB V. CAMERON HIGHLANDERA. The largest crowd yet seen at a football match this season, turned out yesterday afternoon to witness the above match. It will be recollected
The case opened in which Edward Kemp and that two years ago, when the Jocks" visited others, trading sa Laaman and Komp, of New the Colony, there was then no team to matah York, seek to obtain an injunction against the them, and of course speculation was rife us to Kwong Sang Firm, of 246, Des Voeur Road the chances of our local League Champions. Central, Hongkong, their servants or agents, to Only two of the team who then represented the restrain them from selling or exposing for sale, visitors donned the eclours yesterday, the others
or procuring to be sold, sny Florida water having gone home, and as the Regiment has bearing the Inbel annexed to the claim or been split ap into companies in North China, any other Inbel as contrived or expressed as by they had no little difficulty in getting a recolourable imitation or otherwise, to represent presentative teams together to uphold their footballing reputation. The game in th earlier stages was full of interest and ex- Citement, each goal in its turn being bombarded. A splendid combined effort by the "klities" resulted in a goal being scored by Docherty. Following up this McNeil geored two more for the visitors, and half time sounded with the store-Camerons
3, Buffs 0.
Noceas
In the second half the Buffs showed to mere advantage, and managed to soors; but never at any part of the game did they compare favour ably with the Scotchmen, who eventually won by three goals to one.
DUTCHMEN AT FOOTBALL.
or lead to believe that the Florida water sold by defendants was the Florida water manufactured and sold by plaintiffs.
The trial came on for hearing before his Honour the Acting Chief Justice and a special jury composoil, of Mesars, D. W. Craddock
Elle Lordship If the plaindas as going #, Hig Lordship said he did not propose, to allow out to the fores the ikeness between the bottlos, and if it was possible that one could prove that they purchased this article from the the smandment. defendanta as the defendants' bottle, I don't nee how I tan exclude it
Sir Henry Berkeley If they are entitled to prove it you cannot exclude it, but before they are entitled to prove it they must have s claim in respect of that particular marki To properly understand paragraph a of the statement of claim, to which his loomed friend referred, Counsel informed his Lordship that he must read paragraphs 9 and 10 with it. Plain- tiffs complained in the writ of ammors that the defendants were infringing their label by using a label which they attachel, and they asked that defendants should be restrained from using that label or any other label they might thereafter use which was calculated to deceive. His friend know perfectly well that the mark he now wished to put to the jury was a mark the defendants had not used sineo June, 1900, and had in that year only used for a few months.
His Lordship-Was this particular mark in dispute at the criminal trial P
Sir Henry Berkeley-No, it was only brought (foreman), L. Gibbs, G. H. Medhurst, C. J. in in cross-examination to show that we, when we Lafrentz, A. Shelton Hooper and A. Mackenzie, first started, had used a label still more like Mr. M. W. Slade, instructed by Mr. B. W theirs then the two girls" mark in respect of Looker (of Mears. Deacon, Looker and Deacon) which they prosecuted us. The next stop the appeared for the plaintiffs, while the defendants plaintiffs took was to go to the Paina Judge were represented by Sir Henry Berkeley, K.C., and Mr. Eldon Potter, who wore instructed by for an interim injunction. What they are nak Mr. F. C. Barlow, scting on behalf of Mr. H.ing for to-day is permanent injonction.
K. Holmes,
Mr. Slade-And damages.
Sir Henry BerkeleyThe plaintiffs must be confined to the claim they have made.
Mr. Sade-My friend in extremely irregular in interrupting me, and I strongly object to im reading an affidavit which he cannot put in evidence.
THEIR SCALPS IN
A DREADFUL STATE
Mr. Blade then proceeded with his address, bo mistaken for the other, then. plaintiffs romarking that he would refer to the bottle wers entitled to the verdist. So great a re- which he was not allowed to show the jury as a semblance in get-up and every portionlar could matter of historical interest. The defendants not be accidental. It was done deliberately by started manufacturing Florida water in Hong. the defendants to improve their trade. The kong some time at the beginning of 1906. Whon bottles were copied so that the defendants. they first manufactured Florida water they might get the trade which would otherwise go ihopted this label (Counsel handed label to to Lanman and Kemp. Plaintiffs Imark was
registered on February 15th, 1908. usher to pass to jury).
Bir Honry Berkeley objected.
Mr. Slade--I am going to show by positive evidence that first of all the defendants need that mark, and when they applied to register it they did not obtain registration. They then made slight alterations and applied again to have it registered, but were again refused. They then got registration of the label of two girls" only, but proceeded to use the mark for which registration had been refused. That is what I am going to use the label for; to show the deliberate fraud.
Sir Henry Berkeley-That is the point of my objection. The solo question at issue is whether as a foot these marks are so like the plaintiffs' mark as to be calculated to deceive. Tho quen tion of what the intention was is irrelevant.
His Lordship-If the jury are satisfied as to similarity, the question of intention does not bear upon it. The sole question for the jury is
whether deception is probable.
Mr. Blade submitted that the question of passing off, the question of intent, was absolute ly material. He would find in all cases of the kind that the history of how the thing came
His Lordship---Subsequent oases show that to be imitated was referred to.
intention is quite immaterial.
Sir Benry Berkeley-This was in the setion: Mr. Blade-A man may be guilty of infringe. when they were asking for an interim injune-ment although his intention is absolutely inno
Mr. Slade thon quoted authorities in support of his contentions, evidence was opened and the hearing adjourned.
CONCERT IN THE DRILL HALL.
A very enjoyable-concert was given in thị Volunteer Drill Hall last night by the Baud of the Cameron Highlanders, the programo being also contributed to by the pipers and hy Mr. B. E. White.. The selections by the band were of a most comprehensive character and were exquisitely rendered, ancoras being do. manded. From the Scottish viewpoint perhaps the best features were the real and the sword dance by the pipers, while equally delight. ful was the dancing of the Highland Fling by Miss
Cissie Blaks whose performance was neat and lover. The pipers stirred the audience as they entered the hall playing "The Cock of the North" and they had to come back again playing " Bonnie
Dundee." Miss Parke was onoored for herswort singing of “Love's Garden" and complied with Goodbye." Mr. R. B. White was in good voice and gave a fine rendering of "The Tramboter, and had to respond to su encore. The concert was in aid of the ronoyation scheme of the Bailors and Soldiers Homo.
"THE MERCHANT OF VENICE."
Last night the members of Mr. Baudmann's
Colony and of members of the Hongkong Foot. business before August 15th, 1875. Tation. They ought to be confined to the action cent; that is the ruling in recent cassa. IsCompany proved their versatility. They showed!
In the statement of defence the defendants denied that the plaintiff's possessed the right to the exclusive use of that portion of the desig A friendly game of " soccer" will be played which consisted of a floral wreath, or the right no the Club ground at Happy Valley this after-to the exclusive use of the words "Florida noon commencing at five o'clock between a team. Water" surmounting the dosiga. The said from the Datah Flest and mixed team mark was not used as a trademark in Hongkong comprised partly of Dutchmen resident in the by the plaintiffs or their predecessors in the ball Club. The following are the names of the denied infringing the plaintiffs' trademarks, local playars: Van Ginkel, Van Delden, or imitating the get-up of the plaintifte goods. Himink, Nikkels, Woutman, Aucott, Garrett, The trademark applied by the defendants to Barlow, Danby, Eager and Whitmarsh
the Florida water sold by them was a distine. tive trademark, and the plaintiffs had distinctive right to use such bottles as they did, or much floral wreaths. Defendants denied that the plaintiffs had been damnified, and contended that their competition with the Matches played week ending 12th November: plaintifs was fair trade competition. Deferi-
HONGKONG SCHOOLS FOOTBALL. LEAGUE.
Wanti, 1. St. Joseph's, 1.
Saiyingpan, 1, E. Kadoorie, 3. Victoria, 5.
BÉNICE,
JUNIOE.
St. Joseph's, 1. Diocorro, 0.
Yaurati, 0.
St. Joseph's B., 1. SENIOR SCHOOLS' SHIELD.
P. W. L. D. F. A. POINTS 2101 21
BUBOOL
St. Joseph's
1 0 0 1 1 1
1.0 1 0 0 1
0
Wanghai Diocesan Queen's
JUNIOR--GOVERNOR's CÙP..
SCHOOL
St. Joseph's A.
Balying pan School
P. W. L. D. J.
1100
1 1 0 0.
FOINTS.
Divossan Bokool... 1 100 Victoris Sabool 1100 E.Kadoorie School 21 10 3 Ysumati School .... Wantaal School... 2011 0 Queen's College... 1 0 0 0 St. Joseph's B... 1 0 1 0 15
THE AUSTRALIAN CRICKETERS AT SINGAPORE.
no
dants denied that they had sold or passed off any goods not of the plaintiffs' manufacturs, a and for the plaintiffs' goods,
Mr. Blade, after reading the pleadings, said the action was brought by Messrs. Lanman and Kemp, old established manufacturers of Florida water, against the defendants on two main grounds. One was, the infringement of a trademark, and the other the imitation of the get-up of the plaintiffs' Florida water. Exactly copying a trademark was soldom done, but it was just as much an infringement to so nearly imitate a trademark as to produce a mark which was calculated to deceive.. To take parts of an old established mark and to make differences which to an unwary person might not be in mediately perceptible; to enable a dishonest retail dealer to pass off one artiole for another wo
they hare brought against us. If they want to bring un sotien in connection with any other mark than the one concerned, let them do so and 'we will meet it.
His Lordship-The point turus, as far as I can see, on the construction of the pleadings themselves.
Mr. Sade-Exantly, and the affidavit in apport of the Interim injunction will show what was claimed in respect of it. The interim injunction one thing, and the sation for damages and a permanent injunction is another.
Sir Henry Berkeley-I am surprised that
my friend should address your Lordship in that Way By an interim injunction they sought to stop us using the two girls" brand; to-day they are seeking to have na interim injunction: made perpetual.
His Lordship-In your statement of claims, Mr. Blude, you do not limit your action to one particular mark, but this interim injunction deals with one mark only.
Mr. Blade The one mark they were then using.
Sir Henry Berkeley said the plaintiffs used the word "fat ela" in the statement of claim, but that word war weed in connection with the labels on the bottle. It was clear thare were only two labele mentioned in the pro.
Sir Henry Berkeley-If intent does not going into the history of this mark.
Mr. Sludo. I tender as evidence inter altó on matter, history How not matter. that point that the defendants have deliberately copied our trademark.
Sir Henry Berkeley-What my learned friend in attempting to open is called frand, It has been laid down that If a charge of frand
is
made at a trial, it shall be put forward clearly
on the proceedloga.
His Lordship-It is not a case of frand.- Mr. Blade Of fraudulent dealings. It is fraud from beginning to end.
Sir Henry Berkeley-My friend is opening a new case of fraud. If there is one thing the Courta are particular and exact with respect to it is that no man shall be called upon to answer charge of frand unless the allegations are made specifically on the pleadings.
His Lordship (to Mr. Sinde) Supposing you wore to establish a similarity to the satisfaction of the jury, how does that carry you say
farther f
a
themselves just as much at home in serious drama in light comedy, and it is no exaggeration to say that they gave a very fine interpretation of Shakespeare's great play "The Merchant of Venios." Mr. Henry Dallas assumed the dignifed role of Autonio the Merchant, and was ably supported by Mr. Douglas Vigors as Bassanio, while Mr. Charles Vane succossfully undertook the difficult part
of Shylock the Jew, Miss Blanche Forsythe made a capital Portia, speaking her lines with ace effect, and Jessica was sweetly portrayed by Miss Joan Harcourt. The performance was very acceptable indeed, and it is regrettable that a larger audience was not present to enjoy the excellent production. - -
THE SOCIETY OF ST. VINCENT
DE PACL
We are requested by the Committee of the Society of St. Vincent de Paul to state for public information that the proceeds of the last Kermisse amounted to $1,700.net, and the Com-
Mr. Slade-It carries me a great deal further.mittee beg to thank H.E. the Governor for his A man in the trade gets a close imitation of the Fate, as well as H.E. Bir General J. Machado, distinguished patronage and presence at the plaintifa mask. Why Because he hopes to R.C.M.G., also all the ladies who had charge of
all more goods by it.
the varions atalls, and the gentlemen (members
His Lordship sald he would charge the jury
Mr, Slade stated that when there was an old established business selling Florida water under particular mark, in a particular shaped bottle. and with labele put on in a particular way, it was not fair to imitate that style, and the law said it was unlawful. But this new and honest Arm, this upright Chinese firm, sold their Florida water in this bottle (produced).
to make the Karmesse the thorough success it proved. The Committee also wish to thank Messrs. Gracs and Co. for their artistic and beautiful souvenirs, to the Italian and French Convents for their magnificent presente, and to the fino Band of the Rajpate Regt, who greatly enlivened the proceedings of the Fote; in short, to all who in any way assisted.
infringement. The law said that a trader ceedings, only two labels they were calledwith reference to the question of intent, and and non-members of the Society) who co-operated might not endeavour to get some of his rival's upon in this action to defend themselves against asked Mr. Blade to proceed. .0
trade by imitating the get-up of his goods. the use of. He submitted Mr. Slade was Lanman and Kemp had been importing Florida not entitled to hand the bottle he wished to the water into this Colony sincs before 1875, and jury. The defendants were not there to answer from that date onwards. A criminal charge any other charge than the specifle one of was brought with regard to these bottles and having infringed the plaintiffs' "phoenix" and the jury found a verdict of not guilty. The fountain" labels by the use of defendants actual result of that case had no bearing on the two girls" brand. present one, but he would make use of certain admissions made in that case by the defendant. It was admitted by them that before they started the manufacture at all, they knew of the plaintiffs' bottles. In this instance, knowing the tradomack and bottles, the defendants started to Bell Florida water of their manufacture about
The Australian cricketers made a very poor show at Singapers on the 7th inst., compiling only 55. The play was spoilt by the condition of the turf owing to recent heavy rains. The
fall scores were :--
SINGAPORE AND
... IT INNINGS.
G.B. K. Muglinton, b Hopkins
N. Grunior, Hopkins...poyaramati
Dr. Scharenuiral. b Hapting ......
B. L. Edilis, Williama, h Armstrong ...
4. 8, Balloy, b Amatrong
R. H. Clarke, b Armstrong
T. Hubback, raz out..
B. McKenzie, à Cottor
P. Hennessey, b Cotter
H. W. Noon, nob ont...
A. W. Beven, b Cotter....
Extras
14
H
Total...
BOWLING ANALTOIO.
0,
8
3
Armstrong Nobles
It
$
9.3
• 11
Hopkin
Fall of Wickote.-1 for 1, 2 for 1,3 for 14, & for 15,
5 for 25, 6 for $9,7 for:40, 6 for $4, $ for 69, 10 for
61.
AUSTRALIANI AND OTÆRNA, IT INNINGS.
M. A. Noble, Ibow Boren eta
N. E. Bath, b Hennesseyramage mys W. W. Axmetrong, b Bevan megakankamagan G. B. Home. b. Həveuen en cadastrai
A. J. Ropkins, b Boyan செய்வ 10
V. Brown, ran ont mise mammary animatyma
A. Cotter. b Hennessey magigt ver
T. M. Bryan, Sobarenguíval, b Heren...
E. W. Birch, b Beroa
F. Maartones, not out.......
amai
B. L. Wiliams, a Scharengufrel, b Baven'
Extrem
Total
ES
BOWLING ANALTRIO,
Beton
0. 8.2
1.
W.
30
7
Hennessey McKenzie
Fall of Wickets-1 for 3, 3 for 5, 3 for 5, 4 for 17.
'§ far 23, 8 for 81, 7 for 89,8 for 42,-3 for 45, 10 for
THE VICE.GOVERNORSHIP OF
THE PHILIPPINES,
APPOINTMENT OF A FILIPIÑO UNDER CONSIDERATION.
His Lordship I see, Mr. Blade, in paragraph g of the statement of claim that you say the defendants have for some time past been selling.
Mr. Sinde-Yen.
His Lordship That would imply that at the time of the Lotion they were also selling.
Mr. Slade-I beg your Lordship's pardon
Sir Henry Berkeley again objected. His friend ought not to projudion the jury by eng.. gosting frand when he did not plead it.
Mr. Slade-I said this honest and upright Chinese firm, in starting a new business, Pro-
the year 1905 or 1906. in similar bottles. but the words are equally good, English the geded with a bottle which very much resembled
Counsel produced one of the bottles, which he wished to pass to the jurors.
Sir Henry Berkeley--My friend must not put to the jury now any document or exhibit that may be excluded in the course of the trial.
His Lordship-Do I understand you are going to dispute the fight hereafter?.
Sir Henry Berkeley-Yes.
other way.
His Lordship-Not if they had ceased to sell, I understood you to say there has been no sale of this particular battle since 1906. -
Mr. Blade--We complain of their earlier in. fringement and later infringement.
His Lordship-I think it is rather unfer.
ours, I am entitled to open with what I am going to prove to the jury.
Sir Henry Berkeley-This is simplifying in the fooo of the roling of the Court. The Court has ruled that it (the bottle Mr. Bisdeagain
produced) is irrelevant.
His Lordship-I don't think that so far as
The Committee beg to saknowledge with thanks the following further cash donations:---
Mr. C. E. Warren Anonymous
Mr. A. B. de Bonra Mr. F. X. de Rozario Anonymons Anonym
$5.00
$6.00
$2.00
$2.00
$2.00
81.00
BRICK TEA TRADE WITH TIBET.
the with Tibet.
A little time ago some interesting information regarding brick-tea was officially published, which it wasy be worth while to recall for uso, if
near It offers insome three kinds of brios tes prepared to suit the tastes of the different classes of customers in Central Asia, Russia, and Two kinds of this tablet-tea aro
Bliberia
Mr. Blade-I am going to prove that the tunate that I am onlled upon to construe a figure the fraud question is concerned you are entitled į manufactured at Hankow for the Siberian and
defendants sold Florida water in that partien.
law bottle to a witness I am going to call.
His Lordship-Is that admitted?
Sie Henry Herkeley-No. The action is brought against us for infringing the trade mark on the bottle before your Lordship by means of a trademark which will presently be put in by them, which is not the mark on that
bottle.
of speech in a question of fast,
Four Children Suffered a Year with Terrible Ringworm-Hair All Came Out in Patches Leaving Scalp Dry and Scaly Grew Worse Under Various Treatments.
ALL CURED BY TWO
SETS OF CUTICURA
"About eighteen months ago my four children had ringworms on the body and head. They were under the, doe- tor's care over three months without any satisfactory result; in fact they got Waro Then wo teled several other. so-called remedies without effect. All the hair came off in patches and lott the scalp dry and icely. They were in a dreadful' state. At last a friend persuaded mo to try the Cuticura Rem edies. I used the complete treatment, Cuticura Soap, Ointment and Resolv ent. I had two lots of each and before I finished the second lot they were completely cured. Now they have beautiful headia of hair, soft and glowny, I still continue to use the Cuticura Soap, which I flad much superior to all other soaps for the head stid skin. My chit- dren had been suffering nearly twelve months befors I tried the Cuticura Remedies and. I shall always reccm- mend them to others. Edward 8.. Walker, 62, Oxford St., Loughboro,
· Lalooster, Eng., Dec. 0, 1908."
For Faded Fretted Women
In the 32-page pane phlet wrapped about Cuticura Ointment are to be found most valti- ablo suggestions for women, especially mothers, for moving torturing, die- Eguring humours, rashes and inflamma- tions; for sanative, antiseptic cleansing of ulcerated, Inflamed mucous surfaces and destruction of microscopio life, and for bearing about by suggestion and medication a normal condition of health, strength and beauty.
- Cutiture Remedies use sold wherever the Brijke CharterbOUS 89. TILE DOSIS. Paris, &. Higa de boPrix:, kydney; india, b.K. Paní Cajetak; 8o. Aurica, Dar Data, Atd. Ospe Town, et 1.8.4. Failer Drez à
• fom London deper, Ubers 3 - europée #Desertira kod Expats boss toegraded above.
PAAR PRO, Bosto
54-2
PHYSICIAN ACCIDENTALLY
KILLED.·.
Naws reached Shangbai on Saturday last " from Boochow that Dr. David T. Stuart had accidentally shot and killed himself late that
It day #ppears that after an unusually hard day's work attending patients in the Elizabeth Blake Hospital, of which he and Dr. J. B. Wilkinson were surgeone in-charge, he took a stroll in the country with his gun. When Dr. start did not return home, Dr. Wilkinson be- come anxious and instituted search, with the result that Dr. Stuart was discovered about
showed that he had received a fall charge of half-a-mile from the Hospital lying face down. ward with the gun close by. An examination shot in his left side which had penetrated his heart, killing him instantly. He had been.
deal
two or three hours.
Dr. Stuart, the N-C. Daily News says, was connected with the American Presbyterian Mission (South), of which mission his parents, the Rev. Dr. J. L. and Mrs. Stuart, of Hang. forty years. A telegram was sent at once to chow, have been honoured members for nearly inform them of the asd occurrence.
Two brothers of the deceased, both of whom sro missionaries, accompanied their parents to
Socotrow.
The sincero sympathy of their many friends throughout Chian, as well as at home, will be extended to the members of the bereaved family,
LATEST STEAMER MOVEMENTS.
The M.M. str. Ernest Simons left Saigon on the 14th instant, at 4 pm, and is expected to arrive here on the 17th Just., at 2 p.m., and will leave for Shanghai and Japan at midnight of
the same date.
The C.N. Co's str. Linan left Shanghai on
The H.-A. Linie str. Vandalia left Bingapore the 14th inst, and is due here on the 17th inst. on the 13th instant p.m., and may be expected The P. & O. str. Palawan left Bingapore for here on er about the 19th iustant. this port on the 13th inst., at 2.30 pm, and is due here on the 19th inst, at about 8 a.m.
The Apoar etr. Lightning from Calontta left Bingapore on the 14th instant afternoon, and
to make any use of it. I shall have to direct Enssian market, and are known as the large
The cargo of Bilk shipped on board the M.M. Mr. Blade-I think it is quite plain. We the jury that they have to consider the other bricks and the small bricks. The large expected here on or shout the 20th inst bricks are made by placing a quantity of str. Oceanies which left this port on the 12th want proper remedy for the injury they have mark.
Mr. Sado-I respectfully insist on my right common ten dust in a sort of pudding-cloth ultimo was delivered in Lyons on the 13th inst.
or bag, which is steamed for a few 80-
The C.P.B. str. Monteagle arrived at Slang. done us. Suppose they had revived the ass of the old label again, the words of the injunction to open with the evidence I propose to call. Iments so as to cause it to adhere: this is then hai at 1 pm, on the 14th inst, and left again your Lordship rules that this bottle must not be turned into wooden moulds, where it is beaten at 4 pm, on Sunday for Hongkong, where the would cover it absolutely.
mallets. A more modern plan is to put the tem Sir Heary Berkeley-Yos sonld not get an / shown to the jury, then there is an end of it. to the required consistency with wooden is due to arrive at 6 am, on the 17th inst
The C.P.E. str. Empress of India arrived at dust into an iron mould in which it is steamed Nagasaki at 7.30 sm, on the 15th instant, and His Lordship-That reopens the whole and pressed. A large trick should weigh one left again at 3 pm. same day for Shanghai, injuration against a thing if it had not been Bat I want a definite ruling on it. done for two years.
bo catty, or libs., and the prime cost is said to where she is dus to arrive at midnight on the question.
Mr. Blade-If your Lordship will say I am two pence haif-penny a mound, so that a con 16th isst. not to refer to the question of user I will put bricks are of superior quality, and are made of eiderable profit can be made on it. The smaller only the fluest and best tea dust. This tes dart an end to it.
is not steamed, but it is poured into steel moulds quite dry, and subjected to great hydraulic pressure. In this way the tea is bound to preserve its aroma and freshness for an indefinite time, and the retail prics of these ninall bricks is naver less than four shillings a
His Lordship -Bapposing the user of this His Lordship-Is not this the alleged in-mark censed in 1906 it would be a case of fringement?
Sir Henry Berkeley-No, it is not.
Mr. Slade-We elaim thers are two in fringements, first of all by that mark and subsequently by another mark.
Sir Henry Perkeley-Nothing of the kind., An attempt is being made to bolster up a one
that must fail.”
Mr. Blade--I don't know whether my friend is at liberty to interrupt me in my opening.
Sir Henry Berkeley You must not open with what you are not going to prove.
small damages.
Mr. Slade-But we are ent tied to them. The sstion is brought in respect of both bottles.
Sir Henry Borkoley-We could have paid farthing into Court if we had any iden such a complaint was being made, and that would probably have been too mnoh. I rely on the words of section 8.
His Lordship-Taking the record as a whole, it certainly appears to me that the action is constracted on the particular mark on which the interim injunction was based.
His Lordship raled that user was not material. Sir Henry Berkeley wished the bottle, which his Lordship had disallowed as an exhibit, to bo removed from the table, but Mr. Slade declined to remove it.
hams on the 14th inst., at 3 p.m., for Victoria. The C.P.R. str. Empress of China left Toko- and Vancouver, B.C.
WEATHER REPORT.
The Hongkong Observatory yesterday isted the following report : →→
On the 15th at 12.15 p.r.-The barometer has fallen quickly in the Philippines owing to the typhoon which is moving towards W.N.W, over S. Luzon.
Pressure is moving way over S. China and
The depression lying over N.E. Japan yester day, is moving away over the Pacific.
Pressra is highest over China to the North of the Upper Yangtze,
Bad weather may be expected over the N.E. part of the. China en, and strong N.E. winds te gales in the Formosk Channel
Hongkong rainfall for the 24 hours ending at 10a.m. to-day, 0.00 inches.
Sir Hoary Berkeley-I submit my friend is pound. The original brick-tea of Chine was and is a more unsophisticated article. It is made now bowing reapest to your Lordship's ruling-
of the whole leaf, stalk, and lower, as picked from Mr. Blade--I obey his Lordship's raling the tea shrabs. Those are well chewed by the native makers, and when they are thoroughly absolutely.
Bir Henry Berkeley-Then the bottle ought saturated with saliva, they are rolled-up into balls Formosa. I rule that
and partly driet, after which they are placed in- to be removed from the table.
monids and pressed into the form of bricks, Mr. Slade Will you please allow me, Sir the damages claimed only apply to the mark, Mr. Blade then informed the jurors that as he This method of preparation does not sound vory Henry. Don't try to shent me down. The or marks in respect of which inferim, tujuh could not give them the total history of the inviting, and it is and that the testima prepared
slightly sour taste from the pleadings show that for some time past the tion was granted, and in respect of which he would give them bits and leave them to but a mach appreciated in Tibet and Biberig A special cable from Washington to the defendants have been selling Florida water there is user proved or action brought,
Mr. Stads then applied to amond his state-guess the rest. This honest firm, le said. The offcial writer stated that the trade in, Manila Cablenews says:- The question of not of the plaintifs' manufacture under labels
and Kemp. There was a statement made in the priestly enate of Tibet, and that they are very appointing Filipino Vice-Governor of the closely resembling the plaintiffs' trademark ment of claim by adding the word "racious" started a rival business to Messrs. Lazwan brick tea is a strict monopoly of the Lamas, the Jealous of any interferezco with what is other case Philippine Talauds to succeed Governor-General as to be aslonlated to decaire. For some time before labels.
to them a very profitable business-Calcutta. Englishman, Forbes is being discussed in official circles here. they sold Florida water under this particular President Taft would not talk on the question, label, and that, we claim, is an infringement when seen by your representative further than of our mark. Subsequently they made certain to say that the question was being discussed alterations and sold the water under another between himself and his advisers. The opinion mark, which we claim is en infringement. expressed here in that Commissioner Gregoris Arauata will be appointed should the decision of the President turn in favour of a Filipino,
The forecast for the 24-hours ending.at noon to-day in se followe' Hongkong & Neighbourhood (*) A Russian Consulate will soon be established Formoes Channel ........................ at Hanoi, the capital of Tonkin. This step bas
Bir Henry Berkeley opposed the application,
Bir Henry Berkeley-My friend cannot open it would mean that the paintiffs could set up to the jury with what a witness is supposed to an shaolutely new case. To patch-works claith have said in cross-examination at the criminal of that kind into the pleadings when he was trist there to meet a different case altogether would be embarrassing and vexations, and harassing in whether or not the "two girls" brand was an the "T" mark, and that the application was Bays the che de Chine, lies in the increasing infringement of the fountain brand
refused. If Counsel succeeded in pointing commercial importance of Tonkin, now that its
railway system is so much extended.
Mr. Slade said he would call witnesses is heen taken in consequence of Russian merchant South coast of China between vessels calling more frequently at Haiphong South coast of China between Hongkong and Lamooks. -Hongkong and Hainan...
N.E. winds, strong to a galo, Same as No. 1.
Bame an No. 1.
() N and N.E. winds, fresh to strong; fair, squally.
His Lordship-Is there a strong similarity the extreme. The sole question at issue was. prove that the defendants had applied to register the chief port of the provinco. Another reason,
between the two that you objsot to?
Mr. Blade-A very strong similarity.