***THE FLOUR DISTRIBUTING CENTRE OF THE EAST." INTERESTING MERCANTILE CASE.
A
ALLEGED INFRINGEMENT OF “
TRADEMARK.
THE HỌNGKONG DAILY PRESS, THURSDAY, SEPTEMBER 18TH, 1915.
Can you tell me why they do not cable direct to Sydney -Because there is no direct steamer to Bangkok. The only places from which steamers proceed to Bangkok are either Hongkong or Sings
pore.
■
But it would be easy for your Bangkok
the Magistracy. yesterday, the bearing of the cer which Mears B., Skote & Co. are pro ̈ office and wire to you merely to tranship
Mr. Johnson Can you tell me why you never registered this mark here Witness: We have, recently, not regis tered any marks for four in Hongkong because if there is a particular trady mark, we will not be able to all our four.
You did not get Mesara, Skott & Co.'4)
CORRESPONDENCE.
THE AGE OF ST JOHN'S CATHEDRAL
TO THE EDITOR OF THE HONGKONG
DAILY PRESS,}
Sta-se in your issue of today's
was continued, in offen to make a contruct with the Sydney pericision to use their trade-mask --No date it is stated that the Golden l
and then export to Bangkok. A great deal of business is transacted by our firm
on behalf of the Bangkok office.
Mr. Davidson, addressing the Magis
cooling against -- the: Mitsui "Bussan the flour-Yes, but we import direct-trate, "stated that his client, ought never Kaishia, for that the latter, on August 15th, at Kowloon, did put in their vessel for sale or the purple of trade 2017 Backs of flour, to which a falsis imitation of complainant's "Steamár" trade-mark had been applied.
The flour is valued at $7,000 and has been seized by, Mesars. H. Skott & Co. and placed in the Kowloon Godowns.
Mr. C. Bulmer Johnson promcuted, and Mr. B. Davidson, appeared for the de fance
Mr. Johnson stated, at the first hear ang that defendant ditted the Bour held to bin Company,
Acre of the N.V.K. proved that the. M.. ported 2011 bags of flour, by thekhe Maria on June 19th and föreler zoal bugs by the Tongo Muru.
MEH Scott, of the firm of Mr. H. Skott & Company, 'claimed that the “Promo trade mark was registered by bis tim, He beard of the shipments by the MR.K. and eat circular letter
|
"
The price of this four direct between you and Bydney is 219 18a per ton of 2.000 th which is 10.82 bags. The ex change on June 90th, was le did, which works out at $106.73. Your offices makes a considerable proft on this transaction
Yert
Mr. Davidson. We don't deny we had the Bour here for purposes of trade.
Mr. Johnson (to witness): Can you give us any idea as to how many hape of Bour pass through Hongkong dealers every year? I cannot say it is a very large quantity:,
to have been prosecuted. He did not see any reason why the flour should have been seized just because the trade-mark on the bags seemed to be an imitation of a particular mark. All the information
the disposal of Messrs. Dennys ant in their possession they had placed at Bowley, who were perfectly aware that they purchased the four for exportation
Jubilee of this Cathedral will fall this year. But that is not correct. It will of the chaneel was laid, but the chancel bifty years since the foundation stono
was added many years after the body of the Cathedral had been built. As long ago as 1849 a Committee was formed ta church was opened for public worship on build a church, and the main part of the March 11th, 1949.- I am, sir, yours, etc,
H. COPLEY MOYLE, John's Cathedral, Hongkong. September 17th.
CHINESE CONSTABLE
IMPRISONED.
EMANDING MONEY BY
MENACES
Bangkok That was his defener. It Mr. Johnson: The M.B. K. bert xre making a profit out of chin flour. It is the sale of this particular brand of four was mitted by the complainant that, our trade-mark.
hath neither be offered in Hongkong nót anywhere else for the last seven years.. Therefore the firmi had suffered no in jugy, and if they had allowed the M.B.K. to export the four they would have given Į an undertaking not to import any more. j At the Maristrues, yesterday, a thin- Mesra, Skott & Co. however, chose idee constable was charged, un réruand, take criminal proceedings. hoping that with demanding 3 by, menares, and the Magistrate would. forfeit the Bour with misconduct as a constables; o and that they would thus be able to make something out of it. That was the whole reason for the proverution. If the M.B.K. Werg muilty at all is was of a technical offener. The whol matter could have been settled out of court, and would have paid the costs, once the M.B, K. exported the four they
Will you agree with me if I tell you it is something between six and eight, million bags--- Yes.
Of this six million hogs about half- million is, used locally. This is the dis Steamer"tributing centre for the four, you know?
beannot Say.
to four dealers, warming them against pury asing Boar of the brunt sold by any other firm than his oan. In reply to Mr. Davidson, witness admitted that hip fra had not sold the
Stw brand of four for
.
Seven
Mr. Davidson, opeting the case for the defence stated that the mark complained ER', own registered mark
of wat
ia Australia. It was admitted that there bai in no sales on the part of cum plainant's firm sinon 1912, and it was his
You yourselves in the last two years have dealt in 10.000 sacks of this parti cular trade-mark. Would it not be per beetly easy to put that amount on the market without anyone excepting your- selves and the dealers knowing anything about, ith-Yas sure.
Mr. Lindsell remarked that a Magis rate had the power to forfeit the Hou,
by not, as he wished.
Mr. Lindselt: 27.000 is a drop in the ing.
11
Mr. Johnson. Can you tell me where the four is made? Wisness: In Mel
di's case that they were unaware of teblue existenes of suchwa, trade-mark. This | boarne... «
✨
יי
Wih 40 ase in which civil proceeding Have you get a branch in Melbourne
shell have been taken. If that course
415%
had been adopted, however, the procedNow, who gave you the circular-letter ings would have been abortive;because i wrote to the four dealers?The Yur hi tient cold have proved that the "Hing pong firms. I received it dear was to be capɑrted to Bangkok and September th. could have given in wil it, berc. Instead, the complainant of four Yes. firm had tak criminal proceedings against his client because it was cheaper and easier ift main detener was thar the deur hai teen wold in Hongkong op-cly sincs is. These pales were con- finued till Jang of this year, when the
The Yin Hing Loong firm told you that they could not buy any more flour from you because the trade-mark was Skott's mark? Yes,
Can you tell me when they told you that 1-1 cannot remember the state.
was wrong to export the four to Bangkok.
Inspector Gordon stated that complain- unt was a cook on the fien Shing He purchased 300 hags of rice at Saigon, which was a little more than the quantity required for consumption on the vessel. The agent of the vessel und the captain, however, gave him permission to bring the rice on board, and the Fernch autho rities passed the consignment. When the vessel arrived at Hongkong the cook went to the Imports and Exports office and seered a permit for the eargo. The
Mr. Davidson replied that it way for that reason he had used the wổed.hoprice was unloaded into a junk in Hung- He did not intend to say that kong, and the complainang was in charge becau» the mark was registereul, in Aus. of the junk when defendang hoarded it; tralia under the man of the M.B.K. and said he was a policeman. He search that was his defence. He did not know complaingat. Where be got it. Complain ed" the junk, found the rice and asked
ant replied that he had purchased the rice at Saigon and had a permit for it. in excess of the quantity allowed. If he The defendant pplied that the rice was
whether it was registered. but his Fetients relied on the contract notes.
His defence was that his clients acted inno-
L
cantly. The Magistrate would appreciate the fact that when a false trademark waï applied a přímo farie cos could be
eases out of a hundred it a person. applies a false grade-mark when thê re istered mark is on the market he must be convicted. But when there was an absence of the particular trade-mark, and when the goods were put openly on the market, these constituted strong arg good faith. The second point was that," although it was undoubtedly an "infringe. min; of the Ordinance to be in possession of goods locally for the purpose of trade, when though the goods were only landed for a minute, yet if it were proved that the goods were being transhipped that would be another strong argument that the importers were acting innocently.
Mr. Lindseil remarked that he could not quite follow Mr. Davidson's point.
Mr. Davidson replied that as a matter. of law there would be no civil liability so long as the flour was not sold locally.
were paid 2100 he would not interfere, but, otherwise. he would get a launch to
lunk to the Water Police-station. The Captain suspectîd zuer terenima and hoisted the police Hug.
The complainant corroborated the state- ment made by the Inspector.
Defendant stated that when be found the junk contained illeif rice he intended informing the Water Police about it.
to talk the matter 'over, and when he got on board he was seized by the captain, who handed him to the Polier.
firm hard from their compradors that Well, I put it to you that you heard of ment that the person was acting in Complainant invited him to the steamer i Messrs. Skott objected to the sale because it within a week of iny writing the Jetter, the trade-mark resembled their particusomybere in, June?- I don't know; we hir mark. On June 17th, a cable was heard it from our brokers. We stopped received From Bangkok asking for 1,000 selling in Hongkong and did not think bag of Bour, and, on June 19th thei M.B.H. cabled to ydary for 50 tons of Hour. Sydney led closing the deal, and the M.B-Kabled to Bangkok pre mising to and the four. This flour was el from Austfalia on June 26th, and when it arrived bere was seized. 3 looked if his client stood the chance of losing the contract with Bangkak.
Mr. 8. Daigo, assistant manager of the M.B.K., bore out the statement of
his solicitor.
I take it that in your opinion you are perfectly at liberty to bring flour with this particular trade-mark into Hong kong and then export it to Canton, Foochow Swatów, Penang. Bangkok and such places.....
|Mr. Johnson next pointed to ab in- seuracy in the date of a telegram be ten Bangkok and the MB.K. which had been supplied to him. The prices, too, seed wrong
Continuing his evidence, yesterday, Mr. Daigo stated that from the begin Witness replied that it was probably ning of 1918 his firm had imported 20,000 a mistake of his clerk and he would in- sacks of the Steamer brand of four.vestigate i
Or a large number of the sacks were printed the words "M.B.K., Hongkong"
#
They only intended to export, net to will. The next point was that the defend ants had been selling the same brand of our openly in Hongkong for eighteen months before this contract was entered
At this stage Mr. M. K. Lo came into Court and stated that he had been in structed to appear for defendant. His instructions were that defendant adroits - bed asking for the #100. He besought the, Magistrate to take a lenient view of the case, owing to the previous good charae
ter of his client who had been in the
Force for six years, and owing to the fact that he had to support an aged mo ther Hia client received information
about 6 am one day that a junk was attempting to smuggle illicit rice, and having no time to inform bis euperior here he acted on his own initiative, evidently in good faith. He discovered that the rice had been imported by a cer
Mr. Johnson pointed out that one of ito. They had been selling the bags tir steamer and he went to me the car |
the consignment note, had 5,000 omgy
to be put to.
Witness replied that -îf Back tore ou tho royage they would use a now sack, The sacks were to be sent to Bangkok.
Mr. Lindsall: If the sacks broke the four would get lost. What use would there be for now socks!
Mr. Johnson: If the snake broke on the steamer they could collect the four and put it into new sacks, but to have
bearing the words
M.B.K.," God, tain. There was no doubt that either bis |
offered to him.
flour dealt with in this Colony, be con; tended that the man who intended to infringo a mark would not put his own name on the baga. It would be silly Lo rely on the fact that one was selling so little that it would not be noticed. It would be a complate defence of those proceedings if they satisfed the Magia trate that they did not know of the axis- tape of that trade-mark, but they had admitted that they came to know of its
1
There, certainly, was no coercion an defendant's part.
Inspector Gordon stated that the man He was not had a sairly good record. a detectve, but a lukung attached to the Centrai Palice-station.
Mr. Lindsel): I consider it a serious case. Three months' en each charge:
り
AN UNPROVED CASE
NO INTENTION OF EXPORTING
COINS.”
Cross-ezumiined by Mr. Johnson, wit sacka with the Steamer trademark," although it was admitted that 20,000 client naked for the $100 or the sum was ous stated that be learnt of the regie-and asked what use the sacks were going socks were but a quall proportion of the tration of the trade-mark by his firm in Australia from the contract notes seut out to him. That was his only reason for supposing that it had boơi registered. The branch oce nad rekistered the wirk in Sydney even years ago bough the Hongkong ottes only imported that brand of flour two years ago. It was provable that the mark might have been registered in Australia two years ago le did cat know why there was no mark in the hues 300 par cunt, of new sacks for emergency ancistence. As soon as they know they dis purposes was ridiculous. Five per centontinued the eles. It was very strong Witness replied that, it was mistake evidence of the defendants' bona fides that they refused to make any further coo; on the part of hin clerk. It was 20,000 tracts, although they had offers, de would' bo soon from the cablegrame before the sacks of Bour and a bale of sacks,
Mr. Johnson remarked that whenever | Hagistrate. "If there were no objection" ho challenged the defendant firm'n docu-
to a shipping of the four from Bydney to Bangkok direct, how could there be ments they "said "It's a misiaka "
Any objection to transhipment from Mr. Lindell: The Imports Depart Hongkong, which," as had been said, was distributing centre? As regards the ment has given you the document. How
ampty can they have made,the, mistake!
to show that, the trade-mark had bec registered in Australia. The reason way the word"" Hongkong "was on the bag, although the consignineata were intended for Bangkok, "wag because the Chiose dealers had expressed a desire to bave the word printed on the bag.-
Mr. Johnson: But this four in not for Hongkong!
Witness: Thousands of bags are manu
Sometimes factured in Australía for na the words" M.B.K." and "Hongkong" are printed on them, sometimes unly
Hongkong
Does your Bangkok office know where the "Steamer" brand of Bour" comes Irom 1-Yes.
22
would be sufficient.
*
in
At the Magistracy, yesterday, a coolie employed by the Hongkong Hotel was
subsidiary coine to Canton. charged with attempting to export $5.99 Mr. M. K. Lo appeared for the defen- dant.
(A, clerk of the hotel atated that de fendant had not asked for permission to proceed on leave to Canton. He bore a good character.
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Defendant stated that he went to the Hau Tak wharf to see a friend off, and had no luggage with him.
Inspector Cashman anked defendant at the hotel. Bydney
man said that it was strange defendant Mr. Johnson: The price of the bake know of Bangkok shipments, and sent, the should have 86.20 with him. of sacks in 0.
bags with the words M.B..Although- Oh that, ‚” replied defendant....“ why -Witness: It should be $4.00.
a friend gave me some money to redeem there was an infringement, there was no
guilty knowledge, and therefore the has clothes from the pawnshop." defendants were entitled to be discharged. Mr. Smith said he was satisfied that Mr. Lindsell adjourned the case till defendant had no intention to export the Baturday to enable Mr. Johnson to reply. vins, and discharged him.
Mr. Lindsell: You will find the Superintendent of Imports and Exports taking out a summons against you if you de this sort of thing,
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