193
QUESTION OF TRADEMARKS,
- ALLEGED INFRINGEMENT.
WATCHES IN COURT.
3th inst.
THE HONGKONG TELEGRAPH SATURDAY, JULY 7, 1906.
the plaintiffs aor their predecessors in business have ever registered in Hongkong, as trade- marks, any of the marks mentioned. A mark
1. of Chinese characters pronounc
BELILIOS PUBLIC SCHOOL.
AWARD OF MR. BELILIOS'S FAIXOS.
+
sth inst.
In connection with the recent visit of Mr. R. E. Belilios, and his generous offer of a Fet of prizes for the best compositions sent in by the different classes at this School,' an examination has just been held by the Inspec. follows-
or "Ina," enclosed within an and surmounted by a crown, was registered in Hongkong, as a trade-mark, on the 30th July, 1889, in the name of Courvoisier Freres of Switzerland, and has ever since been used n Hongkong as trade-mark on watches and pany. The defendants have no knowledge of the facts contained in the 4th, th, and 6th 1st Class Wan Shuk Ching- paragraphs of the statement of claim, referring entitled "From Cradle to Crown," by J. B to the registration by the
could not therefore admil
Fqual
BURGLARS' LAIR: DISCOVERED.
TWO ARRESTS MADE.
.6th inst.
"LEGAL PROCEEDINGS"
6th inst.
LUKONGS CHARGED.
:
gth inst. The case was continued, before Mť, H, H. J.- Gompertz, at the Magistracy this afternoon, in Honghom Police Station, were charged with which two lukengs (Nos, 198 and 903) from assaulting one Wu Ting on 11th June last.
Mr. E. J. Grist, of Mosire, Wilkinson and Grist, appeared for the prosecution. The de
Mr. Grist, in outlining the case, said that
Messrs. J. Ullmann, of Hongkong, fordaunges, watch cases, by the fit of Radecker and Comter of Schools, and awards have, heen made As only a matter of luck that the police were presided in the Summary Court. The decorum tendants who were undelended, ploaded "not
The Ojiginal Jurisdiction this morning, Sir Francis Piggott, Chef Justice, presiding, Mesars. Cesar Leuba and Charles Leuba sued for alleged infringement of trade marks he longing to the plaintiffs.
Mr. M. W. Slade, instructed by Mr. John Hastings, represented the plaintiffs, and Mr. stracted by Mr. C. D. Wilkinson, of Messrs, Wilkinson and Grist, appeared for the defend. ant company.
E.
2nd Class: Flora Maria Rosario-"Great Centre Street in search of opium, D company with excise officers, raided Pictures in Private Galleries,"
The premises were searched and only a *ait few mace of the drug found, but ferent boxes in the room, were discovered a
3rd Class: Kwan Yin Yau-" From Cradle to Crown."
wero
Most people are familiar with the dull mono - A thieves' đen, where in all probability
tony of the proceedings in a Court of Law, and burglaries and robberies have been planned, counsel, the solicitors, the clerks, and all the it is seldon that the gravity of the judgo, the was discovered by the police last night and two
·lest of them- attending-a-Supreme Court--ses- arrests made, while an assortment of tools
tions is so generally upset as was the case this morning when his Honour the Pulice Judge specially used by robbers, was seized. It was successful in breaking up this camp, where, I oft
the a demeanour of all present must i ba serious volume men of doubtful character met and projectedly, even strenuously, maintained, and laughter-guilty
plans for the carrying out of their nefarious is tabooed, as a general rule. But this morn on rrih June last, a Chinaman by nama ruflic. Last evening, on information re-
ing rules and decorum, and what is considered H. Sharp, x C, and Mr. H. G. Calthrop, in....) mentioned, and the Plaintiffs of the marks Vincent.* Louisa (race Abfong- Du, Do.ceived, a warrant was issued, and the police, de rigueur before the majesty of the Law, Wu Shang was dismissed by the manager of the Tin Hing Company, by whom he was of Errors" that started the proceedings, and led pager o thrown to the winds in face of that Comedy
After the day's work and the manager of the Company was returning home on to further mirthful proceedings, and the
Shang he met Wu
his former servant," ripples of laughter were irrepressible, for it in
and a band of men in a street at Hunghom that he owes money, and practically deniends and ends used by professional burglars. A
this is what occurred in the Summary Court Kold finger ring was also found. The two
the Court waṛ called forward to plead men in the house were taxed about the dis. 10-day when the defendant in a case, before covery and they were arrested and removed to
and two men, claiming the same name, the Central Station. They were placed before
stepped forward and both, jointly and severally, though unknown to each alter, charges. On the first charge, that of being in
admitted the debt-some 1805 odd, and con possession of illicit opium, his Worship im-sented to judgment against them! His Honour posed a fine of $3 or seven days' gaol cach, on naked plaintiff which was the man he "wanted," the second Sgo, or one month each, nad on the whoo the plaintiff replied, the fat man with a third, a further fine of $so, with the option of broken nose, and judgment was given against one month's hard labour and in lieu of one
him accordingly. day's gaul to be exposed in the stocks for six
Mr. Shade said that the plaintiffs are wich akers trading under the name of Leuba
No. Freres, at 1, Rue Sapin Fleugjer, Switzer. land, and export large numbers of watches for salo in Hongkong, Shanghai, Tientsin, and alsewhere in China,
other
characters
find
the truth thereof. The defendants admit regis tering the trade-marks referred to as stated in she 7th paragraph of the statement, but said that the Chinese characters prenonnced "To Wai" prengua- differ from the Chinese characters s07 eed which nie alleged to be used by the plaintiffs. The defendants further state that the plaintiffs
4th Class: Chau Fung Wa-" Pictures by Lucy Kemp Welch. In the Open Country."
Tew iron bars, skeleton key; out pick-lock. not often that a man comes forward and states waiting for him. As soon as the manager gat
near enough they set upon him, and assaulted
5th Class: Phyllis Mabel Mooney Pone jimmy, knives, files and other adds in have judgment entered against him. But him. The manager happened to get away and
A vote of thanks to him, for presiding.r. F. 6. Hazeland to-day to answer to three concluded the proceedings.Contributed.
at the time well knew of the said regis-tures by, Modern Painters," by J. R. Miller. tration, but did not then, nor at any time Mr. Irving thus morning kindly handed the until the commencement of these proceedings, beautiful voluntes to the prize takers and complain of the said registration. The defend congratulated them on their success, ans als deny that they have for many years past sold watches bearing the Chinese char- acters pronounced "Po Wai" The business of the defendants as dealers in wniches, and jewellers had been established in Bangkong since the year 1860, and the defendants have for many years, as the plaintiffs have been a device of a wall-aware, sold watches bearing scalloped circular border within which were 1wn Chinese characters pronounced "Yeens," and have also sold watches with
WILD DEER IN HONGKONG
HARBOUR.
Yesterday akernoon an overseer employed in the Kowloon Wharf and Godown Company,
As there was no plaintif against the "double," he was told amidst much
The next little
Out.
reported the occurrence. Two detectives were made for Hooghom Police Station, where he sent out to arrest his assailants, but when they arrived at the scene the two defendants were met and they stopped the detectives from ar- resting anybody, When the deleclives retired, one of the defendants went up to the manager,; caught hold of him by the queue, pulled his head on to one side, and saying: "You are a the Stasjon about people assaulting you?" plucky man. How dare you make a report to
Evidence was heard and the case was re- assaulted the complainant.
The defendants are dealers in watches and
wares,
I carry on business at No. 34. Queen's Road Central, Hongkong, and in Shang- hai, Tientsin and elsewhere, The plaintiffs are the proprietors of a number of trade-marks consisting of Chinese characters pronounced " Wai" and "Yeenah" or "Ina, and of the s me characters weed to combination with vari ous devices, among which area scalloped cir cular border, of a particular pattern, used with character.Po Wai," (and a fancy circular the border of a particular pattern used with the Po Wai" and "Yeenah"), each
devices forming a separate trade-mark, and be- ing used to distinguish the several qualines of the watches sold by the plaintiffs. The follow ing trade marks, inter ilia have been registered by the plaintiffs' predecessors in business, adi! have been since assigned to and used by the plaintiffs, and registered in their names, (1) At the Court of the district of Valde Tsavers, Switzerland, on the 15th August, 1865, the saith characters "Po Wai" in the scalloped border and Yeenah" in an oval border. (2) As the Bureau Federal at Herne, on the 1st November, -1880, the said characters "Po Wai" and On the 7th Yecoal, aninbers 156 and 157. October, 180, the character Veenah" enclosed in the fancy border, mumber: 2788. On thr 21st November, 188), the character "Po. Wai" in the scalloped border number 2862. On the 26th November, 1889, the character "Po Ware, s or fur the plaintiffs' ghods, and that if China, and one of a family which has given in the fancy border: 872. (3) At the Patent
while out in a lannch, saw a deer swimming in hours. The first defendant had an extra fine faughter, to incident was that of a defend, Imanded.
combination of the said characters and the said ha der alone as the plainti a scalloped the harbour, between Stonecutter's Island and of $15, or three week's gaol, for being in pos.
от
KOWLOON BOWLING GREEN CLUB.
г
the mainland. The animal was captured and session of the gold ring. well know,
legs had been broken, while blood was nozing ag examination slowed that one of its bind
from another leg. The deer was removed to the Water Police Station where it was killed, This deer is said to have come from the main- land. How it came to be in such a pitiable, plight is unknown, but it is surmised it had been shot by hunters and had taken to the sea in fright,.
Chinese characters pronounced "Veena, either by themselves, or enclosed within a circular scalloped border, and circular scalloped border alone, are and each of them is, commor to the trade in watches in Hongkong, and in China. If the use by places in the Empire the defendants of the raid Chinese characters pronounced "Yee. na" within the scalloped border alone, was at any time an, infringement of any right of the plaintiffs (which the defend- aats deny, the plaintiffs and their predecessors and business have acquiesced in the same in have long since forfeited any claim to interiere with such use. The defendants deny they have infringe the plaintiffs' alleged trade-marks. They also deny that they have sold or passed off, any watches, not of the plaintiffs' manufac
a
THE LATE MR. A, W, MAITLAND.
We, N. C. D. News, and inst., regret to have to record the death which took place- quite suddenly last night of Mr. A. W. Mailand, a resident of many years in
several members to the Far East, here they have become prominent in business, in social life, and in sport. Mr. Maitland, who has latterly been manager of the Shanghai office of the Imperial Bank of China; had been ailing somewhat, but his condition was not regarded as serious and he was planning a holiday. Much sympathy will be extended to the bereaved relatives at their unexpected loss. Mr. Maitland was about sixty years old.
The deceased gentleman, who was well- known in Hongkong, at one time held the the position of Chief Accountant of the long- kong and Shanghai Bank. In that capacity 1. the late Mr. Maitland was very generally and favourably know-Ed., H.K.T.
THE YOKONAMA AKSON CHARGE.
JUNGMENT RESERVED.
In the criminal division of the Yokohama District Court, the Japan Herald, before Judge Satomi the public trial was resumed on 22nd uli, of Takahashi Eikichi, naturalised Japanese
(formerly F. J Curtis, British subject), charged
with arson Public Procurator Satomi con- ducted the prosecution, and Mr. Ideura appeared for the defence.
To a question of Mr. Ideurs accused stated that at the time of the fire he reported it to the police station, to have the cause of the fire investigated.
Mr. Ideurn asked the Conn to re-examine the accused's two servants to confirm the The statement of the accused.
The Public Procurator raised no objection to the examination, but the Court overruled the application as unnecessary.
The Public Procuratorin opening the pro- secution, stated that it was clearly established by the evidence before the Court that on April 16th a fire broke out on the accused's premises, and that it was put out by the servants of the accused and others.
It was also clearly proved that it was a case of arson, by the presence of burnt matches, and rags satur. ated in kerosene oil, etc. The fire broke Dat in the bath-room, where the fire had been put out after the baths had been used. The presumption was that the bath- room was purposely set on fire by some one inside the house. The presumption was
spilt over the flour in the bath room and study. Buxton, who lived with the defendant, deposed that he did not go to any other room on that day, and his statement was corroborated by other witnesses. Under the cucumstances it was naturally surmised that the accused had himself committed the deed. Moreover, he was seen in the store-room before the fire broke gut, and the servants found the kerosene kept there considerably, decreased on the intinwing day. The motive of the accused kas, it may be presumed, to obtain the Y2,000 for which his furniture was insured, 'cover a deficit in his finances.
CLUB CHAMPIONSHIP.
6th inst. Following are particulars of the first round draws for the competitions at the above greens:-
Wm. Russell D. Harvey.
T. Neave
Wui. Deas
Ist Round.
v. Wm. Ramsay
7. T. Wright
2. J. Murchie
7.
J. M. Henderson v.
A. Ramsay
T. W. Robertson
R. Whyle G. Smáli F. H. Dixon T. Skinner D. Mclatyre .R. H. Baxter A. Nicha'son A. Kinross R. Lapsley
Wm. Ilutchison
G. R. Edwards
v. J. C. Gow
. W. J. Crawford
V. 1. Ramsay
7. A. Ritchie
7. Dr. Swan
ና.
R. F. Hume 1 K. Hunter
7. G. T. Wilsom
7. G. K. Baxton
A. A. Milroy J. Tully. PRESIDENT'S COMPETITIONS. 1st Round.
1). Gow
A. Ramsay.
G. T. Wilson
1. G. R. Edwards 1. Dr. Swan
v. A. A. Milroy
v. . H. Baxter
T. W. Robertson
R. Whyte
7. A. Kinross..
F. H. Dixion
7. T. Wright'
G. Smith
A. Ritchie
J. Ramsay
D). Harvey
W. J. Crawford
R. Lapsley Murchie
v. T. Neave
11. J. C. Gow
7., G. K. Haxton
2).
R. Hunter
7. R. F. Hune
2. W. M. Deur 7. Wm. Ramsay 2T Skinner D. McIntyre J. Tully
2. Wm. Russell Wm. Hutchison 7 A. Nicholson
VICE-PRESIDENT» COMPETITION, 1st Round. J. Tully
W. M. Deas Wm. Ramsay 2. T. Wright Wm. Hatchison . W, J. Crawford
T. Skinner
12
J. Murchie 1. M. Henderson v. R. Whyte
7. <T. W. Robertson. JC. Gow
G. R. Edwards
R. Lapsley
K, H. Baxter
I
7 R. Hume
7%,
G. K. Haxton
Wm.. Russell
* G. Smith
71, D. Gow
7. A. Kinross
A. A. Milroy T. Neave
11.
24
R. Hunter G. T. Wilson D. McIntyr J. Ramsay F. H. Dixon A. Ramsay A. Nicholson This round has to be completed by ist. Sep- ember.
1. D. Harvey v. Dr. Swan
The first named are the challengers, and any competitor failing to challenge will forfeit the
A SERIOUS JOKE.
CODIE STABBED.
Gils inst.
ant, who, when his name was called, shouted, "May I pay at once?" But that was irregular, and, his Honour asked the man if he was the defendant and if he owed the money, "Yes,"
his
again shouted the man, waving aloft a handful of banknotes, and I want to pay it at once." You had better do so then," said his Honour. Then came the case of an European plaintiff who, when placed in the box to prove claim, did not know the amount lie was suing for His Honour very, considerately sent him to his office to refresh bis memory, and adjourned the case for the purpose. On his. return he was awarded judgment and costs, "But," said his Honour, "when, if ever, you come here again, inform yourself heforehand of the amount you are going in ask the Court to decree you."
The bearing wasconcluded on Thursday after- at the Police Court, in the case in which noon, two isongs (No. 158 and 903) were charged with assaulting the manager of the Tin Hing Company, at Hungham, on rith June. Mr. E. J. Grist, of Messrs. Wilkinson and Grist, who appeared for the prosecution, called several witnesses to prove his case. After which Mr. Gompertz found (kong 158 guilty of the charge charged. Another lutong (No. 391) who was and imposed a fine of $10. C. C. goy was dit- also alleged to have had a hand in the assaule was called and fined $to,
WATER RETURN,
5th inst Level and Storage of Water in Reservoirs on the Isi july.
LEVEL.
Emily Moore" was the next plaintiff colled and proved to be a young Chinese woman, suppose she is a Christian," said his Honour, "they do take fancy names." Asked what her Chinese name was the woman smilingly re- plied "Emily Moore." "I have an amab," said his Honour, “and she has a fantastic Byewash... 'name-I believe she calls herself, *Patricia"."
Emily's case was adjourned for one week.
Tytam...
Pokfulum..
chong ...
Tytam
A case of a claim against a junk was the next item to evake nirth. His Honour, on-looking Wong-nei- at the papers, said to the solicitors engaged, "Could not you settle this out of Court?"""] think I pught to be very much in Court," an swered one of the solicitors, "as I am thinking o taking proceedings against my friend for seizing the junk without any order." "Lel the matter stand for a week," suggested the op- posing solicitor, "there was an order." "Well, you've got the junk between you," said his Honour "so we'll let the matter stand for a week."
PEAK CHAIR COOLIES AGAIN.
COMPRADORE OF CHAIRS CAUTIONED,
6th inst. The behaviour of the Peak chair coolies of late in insulting residents on the upper level when they are not overpaid, has become a recur rent nuisance, and Peak residents will be pleased to hear that Second Police. Magistrate Haze land has risen to the occasion and has threatened to put the next offender in the stocks. We hope this will be a deterrent to the coolies in future.
This morning, at the Police Court, Dr. G. M. Harsion summoned the bearer of Peak chair No. 23 for using abusive and insulting language to him on the 3rd instant, and also with bebay. ing rodely towards him.
The coolie, of course, denied the charge. The complainant said that, at twenty minutes 40 ten on the morning of the 3rd inst, he sagaged defendant's chair at the Peak Tram. way Station to visit a patient. He discharged" the chair at twenty-five minutes to eleven- less than an hour-and paid the man forty.
The defendant immediately became very abusive and used bad language towards him. Witness took his number and summoned him.
thirty cents an hour was the legal fare.
His Worship found the accused guilty and- imposed a fine of $7, with the option of four. teen days' hard labour. The fine was paid.
I
1905. 561" below overfow
'11" below overflow
o'3" below overflow
37" below
overflow
43
1906.
13' 8" below overflow
23' 6", below overflow
o' 6" below overflow
25' 2" below overflow
STORAGE GALLONS.
1905.
Byewash.......... Pokfulum..................... Wong-nei-chung
338,780,000 8,207,000
1906. (278,470,000'
1,209,000
65,370,000 25,819,000
64,920,000
6,548,000
Total 438,176,000 351,207,000 Consumption of Water in the City of Victoria and Hill District during the month of June.
1905, ** 1906.
| Consumption....116,659,000 113,695,000 gallons
Elimated) 228,900
233,700
→ population.. Consumption
per bead por day............
19.9
16.3 gallons
Universal constant supply during the whole month of June, toes. Rider Mains in opera- tion during the whole month of June, 1906 in in the Central and Western Districts.
Coustent supply to the other Districts. Consumption of Water in Kowloon Peninsula during the month of June.
1903.
1906. Consumption... 20,350,000 15,694,000 gallons Estimated
73.950 population..
79,650 Consumption) per head per
6,6 gallons days? The Government, Analyst reports that the water is of excellent quality,
W. CHATHAM!,
Water Authority.
9.2
INDIEN "—" LOKSANG"
COLLISION.
ey have done so, which they deny, they have not made any profits thereby. From these facts it would be seen that the principal points Office (Praide-inark branch} London, on the 16th March, 1833. the characters "Po Wai" his Boneurswould be asked to consider were: and Tecnal," numbers 31641 and 31615 (1) whether the marks "Po War" and "Yee The plaintiffs and their predecessors Nahor" Ina" were trade-marks, either alone the business have extensively used the sand or in combination with the borders; (2) characters "Po Wan" and Yeenah," bath
whether the plaintiffs were properly registered separately and in combination with varintis as the proprietors of sách marks ? (3) whether devices, including the scalloped corder en the plaintiffs or their predecessors in business closing the characters, in China, since almon used ach marks prior to 13th August, 1875+ 1830, and in Hangkang since tego. By reasonlether the plaintiffs' watches marked with of the user aforesaid the plaintiffs watches such devices were known as the "Po Wai' marked with the said trade-marks, have become and Yernah" watches; (5) whether the used for the "Po Wai" marks, knowntu purchases as "Po Wai" and "Yeenah, characters
registered by the selendants at Berne in 1893, "Ina watches, respectively, and these marks mean, among Chinese, watches manu
materially differed from those of the plaintiffs' factured and sold by plaintiffs or their predi
Pa Wai" marks; (6) whether the plaintiffs, cessors in business. On the 13th March, 189
prior to these proceedings complained of such Beine in Switzer the defendants registered. ai
registration at Berne; (7) whether the defend fand, two marks, numbered respectively 6302 ants had in recent years sold-watches bearing and 639, consisting of the Chinese character the "to Wai "mak. They had admitted tha
"Ina" and "They did so many years ago, but denied doing pronounced "Veenah or War" enclosed in a circular harder of a difer
so recently; (2) whether the plaintiffs were ent pattern to either of those used by it
aware that, for many years past, defendants had plaintiffs, but neither the quedecessors in til'p sold watches muke "Vecnab," or "Inu," in
and watches marked with nor the plaintiffs knew until recently that th
A circular beds and lee withvert any charac defendants had sold watches bearing either sekelloped ircular the said marks. The plaintiffs' predecessor Leis; (4) whether the mark "Ina" was common in business Bad, for many years prior to 189 to the trade, of Hongkong and China, either with or without a border (10) whether the carried on business in Hongkong, and in Car fon, and elsewhere in Chica, under the Chines: scalloped border alone was commos to the Pa Wai," as the defendants well trade in Hongkong (11) whether the plaintiffs time of knew when they registered the said character. had acquiesced in the infringement of their as their trade-mark. The plaintiffs have rights by the defendants; (12) whether the de cently discovered, as the fact is, that the defend fendants"Yeenah", or "Ira and "Po. Wai ants are selling watches not of the plaintiff. marks were infringements of the plaintiffs manufacture, bearing marks consisting of the marks, and whether they were identical, or so Chinese characters "Yeenah" or "Ina, both closely resembling then as to be calculated to separately and in conjunction with a scalloped deceive: (13) whether the defendants had com ricular border, identical with; or very closely mitted the acts alleged in paragraph 12 of the resembling the border used by the plaintins, statement of clans, that they put on the circular combination with the chai eters o Wai" boter and azure on to inferint-watches in and also an combination with the device of a such manner and in such place as to render it horse. The plaintiffs have recently discovered, very easy for fraudulent purchasers to insert as the lactis, that the defendants have exposed the "Wai" into those borders with the for sale und sold watches, not of the plaintiffs' azare. As regards this matter he could find no manufacture, as "Ina" watches. The use of authority, nor trace any case of the kind t the marks mentioned is an infringement of the home. The question was, was it unfor trad-
ainuffs said trade mark, and the characters
ing, and had they a right to render forgery Wai" Po registered, by the defendants as easy? In thier words, was it lawful to put the mentioned are the succ characters, or materials for forgery into the hands of the closely resetaling those used by the plaintiffs actual intending forger, although without my as to be calculated in deceive, and the plaintiff express invitation to him to comini that for lear that the defendants will make use of the
gery? No doubt the defendants could produce baracters as a trade-mark on watches not of large tumbers of watches which had been forg-strengthened by the discovery of kerosene oil the plaintiffs! moficare. The plaintis have. ed in this way. The difficulty was that the recally discovered that the defendants unlaw engine-turning could not be done in China, su fally, fraudulently, and in order to obtain a that was done in Europe, and then the cases benefit to themselves from the reputation of were exported to China, where the local en- the plaintiffs marks, and to deceive the gravers could engrave any design on them they ultimate purchasers of their watches are liked. As regards the local Trade-mark Or selling watches very inferior to the "Po Wadigance, said frarned Counsel, it was only watches sold by the plaintiffs, with devices very framed for the convenience of traders here, s closely resembling those of the plantiffs, but that they might register, and so obtain ready without the said characters inserted therein, proof of their ownership of their trade marks. and closely resembling in make and get They were not, however, obliged to register watches of the plaintiffs manufacture, whereby here at all that was their option. Registra the defendants, to the great damage of the tion could be effected here in exactly
· plaintiffs, enable purchasers of the said watches the same way as in England, but the to pass them off is watches of the plaintiffs' local Ordinance diflered in this way, that manufacture, by engraving the characters registration here was not a condition precedent "Po Wai" within the said border. By rea- son of the unlawful' acts aforesaid the de- fendants have sold and passed off large numbers of watches not of plaintiffs' manufar- wre, as and for the phioully goods, and have thereby gained large profits. The plaintiffs therefore claim: (1)
an injunction 10 Led there for 40 years prior to August, 1875. for the purpose. The Public, Procurator this morning and pleaded guilty to the charge, been transferred to the. Canton Consulate The Loksang is still anchored below the lower restrain the defendants, their servants and agents, from infringing the plaintiffs' said of the two trade-marks, and the plaintiffs were attached much importance to the statement of marks, and from passing off, or causing to be their supressors in the ownership. 1ovai
the servants that the oil kept in the house was passed off, watches not of the plajatiffs' manu was the Chinese for 150' name facture, as being their gends; (2) an accoun) "Yeenah" or lua" was in the same way the but considering that the tin of kerosene of of the profits made by the defendants in selling-Chinese for Guignand," the naine of a watch- was bought on the 23rd March and the fire maker employed by Bovet and Company, bruke out on the 16th of the next month, there watches not of plaintiffs' manufacture, but ear ing their marks (3) an inquiry as to the especiall, for the manufacture of their second could not be left much of the nil, since a tinful damage suffered by the plaintiffs by reason of quality watches; the "Po Wai being the of the oil was usually consumed in the house. the defendants passing off as plaintiffs' watches
hold of the accused. The Public Procurator mark of the first quality and "the "Yeenab" which were put theirs ;, (4) delivering op to that of the second quality. Messrs. Gaupp and had stated that there was no entrance to the
FLOUR MILL OVERSEER RODDED bathroom but by the servants' quarters, but, the plaintiffs by the defendants on oath of all Company had been agents in Hongkong for watches in their possession, or under their can b-tween 30 and 40 years, first for Messin. Hover in fact, access to the premises could be obtain
SMART CAPTURE BY WATER POLICE. trol, marked with any of the devices aforesaid and Company, and subsequently for the plain. ed from all directions outside. It was there and of all price lists, copies of invoices, advertiffs, and that fact was so well known in China 'Ince not unnatural to presume that some one
6th inst tisements, and other documents, and of all that that firm was known as the "To Wai." had access from the outside to commit the The Water Police made a sinart expture deed. The Public Procurator had laid yesterday at Kowloon and were also successful advertisement blocks in the defendants' po. Specimens of the trade-masks were bere put in session or contral, bearing the words "ina" and examined, and a number of documents filed emphasis on the financial position of the In recovering Sigo worth of jewellery which and "Po Wai," for erasure or cancellation of the in the proceedings, preliminary to these, in the accused. Investigations, however, showed that had been stolen from a European house on devices, labels, and words, or for destruction. Swiss Court, were read, and considerable dis the accused was in a position to have about 28th June last. The Chinaman who was are
cussion ensued as to whether the description of Y100 in hand after paying his household ex rested will be brought before the Court to the designs filed in Switzerland in 1865 covered penses, etc. It was also stated in the indictmorrow. In June last the overseer in charge the designs the subject matter of these proceed ment that the furniture was insured for more of Mr. Rennie's flour mills at Junk Bay made ings. Mr. Sharp challenged the correctness of than it was wonh, but this argument was a report to Inspector Langley that his house the marks on the certificate of registration, sustainable, as it was appraised by the bailifs had been burgled and Sega warth of jewellery a certified translation and copy of which was at beineen Y800 and 1,200. Moreover, the stolen. The Water Police investigated the produced, for he said it did not show the bar. accused was taking dinner at the time the fire matter and yesterday arrested a Chinaman who der, and if the border was an essential part of occurred. If the accused really intended to was seen to be in possession of a watch and the mark, it should have hean referred to in commit arson, he would have chosen the night chain. The suspicious Chinaman was held the letter-press,
time for the purpose, instead of the day time until the arrival of the overseer, who identified when it could be easily discovered and put out the watch and chain as his property. Being In short the prosecution was based na sure so far successful in their investigation the presumption, with no substantial evidence to police, on receipt of information, journeyed to bring hone the deed to the accused. For this Junk Bay and in a thorough search succeeded reason the accused should be acquitted of the in recovering the remaining portion of the charge.
stolen jewellery which was buried ip the estate judgment was reserved,
at Chung-kwan Q,
Mr. Slade said that the, defence would be that the defendants denied using the trade marks, or if they did the plaintiffs. Phew of je and acquiesced by making no complaint entic
now.
The case is proceeding.
6th inst.. Concluding the statement of claim, Mr. Slade said that for the defence it was stated that par graphs and 2 of the Statement were admitted They denied that the several trade-marks reforied to in paragraph 3 of the sintement are. trade marks that the plaintiffs are properly registered as that the proprietors of the same. The said marks were not used by the plaintiffs or by their predecessors in business as trade. arks before the 13th August, 1875, Neither
action, but added that any distinctive word or combination of words or designs could be
registered here if already registered in England. As regards the marks here the "Po Wai" bad been registered in England for over 50 years, and the Yeenah" or "Ina had been register
Messrs, Hover and Company were the inventors
Mr. ideura stated in defence that the pro secution was based on the mere presumplion that the accused had altempted to commit arson for a sinister purpose, but there was no direct evidence to prove the allegation. In his opinion, the action was committed from out side, as an inspection of the premises showed the outside of the bath-re om was more charred within. Kerosene oil was presumably
used
A little over a year ago, we reported in these columns that a coolie had been brutally stabbed at West Point and that his assailant had been successful in evading capture and had left the Colony. The unfortune coolie was removed to the Government Civil Hospital and after being confined in bed for several months was unable, even when discharged from that institu tion, to return to his work. The stabbing affray occurred on a wharf at West Point. The coolis and a hawker were at the time playing. Sud. denly the hawker pulled a cgarette from the mouth of the coolie, who was sinnking it at the time, and threw it into the sea. annoyed the coolie and he struck the hawker, who produced a knife and attacked the man. The coolic was stabbed in many places and was in a very critical condition when taken to
This
A WORD OF WARNING. After the case had been disposed of, his Worship called in the compradore of the Peak chairs. Addressing him, Mr. Hazeland said that he was quite satisfied that impudence was an habitus practice of the Peak chair coolies. The compradore was 10 see that it was stopped at once, for the next coolis that came before him on a similar charge, would be put in the stocks.
The police, we understand, will cancel this .coolie's licence, as they did in the case of the canlie proceeded against by Nurse Lee, of the Victoria Hospital, the other day,
U.S., CONSULAR CHANGES.
APPOINTMENT OF VICE-CONSUL HEINTZLE-
NAN.
hospital:day, Inspector Gourlay received in PROMOTED, TO NEW CONSULATE at Harin formation that the hawker had returned to the Colony and he was at once sought for and arrested. He was placed before Mr. Gompertz adding that he was only joking" At first it was his Worship's intention of commnilting
asked that the case be dealt with summarily, The coolie was then sentenced to two months' hard labour and six hours' stocks.
A
A serious collision occurred on the Huangpu, opposite the International Dock, on the goth alt. Shortly before 5 p.m. the East Asiatic Co.'s str. Indien (Capt. Ingemann), which had been lying in the lower section of the harbour, weighed anchor to proceed on ber voyage to Vladivostok, via Nagasaki and osan little lower down the river the C. S. Lekuong was at anchor and was just beginning to swing on the flood tide. to passing through the narrow channel between the steamers and the Shanghai shore, either something went wrong with the India's steering gear, or else sho bumped bottom. At any rate, she made a kudden sheer, and struck, bow on, into the starboard quarter of the Loksang, cutting the hull of the latter almost as far down as the water line. The Indien suffered little damage, with the exception that some of her bow plates were badly denied. She was able to proceed to Vladivostok yesterday moming, says the N. C. D. News of and inst. As soon as it was seed that a collision was inevitable, the Indien let go both anchors and the Loksang paid out more cable, and this to a large extent lessened the severity of the impact. section, but will have to undergo considerable repairs.
The Lobrang (Capt. Lishman) has had hex aand of April last, she ran ashore on the reafe near North Point, whilst on a voyage from Shanghai to Newchwang. She had been undergoing repairs at Tonkadoo Dock for some weeks past, and only came out of dock last week. Owned by the Indo-China 3. N. Co, this vessel is a popular coaster of 1,560 gross and 979 net tonbage. She was built at Glasgow in 1891 and is a steel screw steamer with dimensions: length, 250 feet; breadth, 36.1 feel; depth, 15.6 feet.
Bovet," while I considerably decreased the following day, the defendant for trial, but inspector Gourlay chow Consulate was abolished Julyinizle bili of misfortune of late. As recently as the
Mr. Slade then proceeded to read the evid ence of M. Bovat taken under commission in which he stated that his firm was the original proprietors of the marks, and that they had, never authorized anyone, but the plaintiffs, to use those marks.
The case is proceeding,
BURGLARY AT JUNK BAY.
J.
Frederick D. Cloud, Esq., American Vice Consul at Hangchow since June 1904, has General where he will hold the position of Vice and Deputy Consul-General. The Hang
(st last. It is further reported that Mr. P.S. man, at present American Vice-Consul General" Canton, has been transferred to Harbin, Man- churia, and will proceed to his new post upon the opening of that city to foreign trade. The date for its opening is not yet definitely decid- ed upon by the Chinese, Japanese and Russian Governments who are directly concerned.
مجھ
|
The Indies left Odessa for Vladivostok on the 22nd of March last and arrived at the latter port early in May. She arrived here from Japan on Thursday last, and this is der Erst trip from Shanghai to Vladivostok in connection with the Chinese Eastern Railway service. She was formerly the Bibby S. S. Ca's str. Yorkshire and is a steel, screw, four-masted steamer of 4,769 gross, and 2,751 net toonage; her dimensions being: length 4007 feet; breadth, 45.3 feet; depits, z8.3 feet. She was built at Belfast in 1889 by the well-known firm of Harland and Wolff, Ld.
THE JAPANESE ARMY,
QUESTION OF RE-ORGANISATION,
On the 22nd ult, the first meeting was held of a Committee appointed by the Government for investigating the re-organisation of the Army. In addressing the meeting General Nishi, Chairman of the Committee, said that improvement of army efficiency was effected from time to time in Europe and America, ac- cording to circumstances. In Japan too the work had not been neglected in the past, oc- cessary improvements being effected from time to tinie, as considered advisable from practical experience. The late war with Russia taught them many great lessons, which necessitated. the formation of the Committee now sitting.
THE big floating dock Daway was towed away Many suggestions were submitted in regard to the improvement of Army efficiency, and the from Singapore by the tugs Glacier, Brutus Committes was invited to examine all the and Caesar about 3.39 p.m., on the 28th. ult. evidence before it and draw up a report. The. The smaller tug Wompainch acted as tender. meeting adjourned after considering the proce. It is understood that she will endeavour: so dura to be followed.-Japan Chronicle, maka for Manila direct,