10
THE HONGKONG TELEGRAPH,
LIBERALS AND THE ITALY'S LITTLE WAR. "EVEREADY” BATTERY
LAND.
CASE.
AN ARMY OF PAID INSPECTORS.
all
SUCCESSES AGAINST RÉBELS
IN NORTH AFRICA.
Bengazi, Aug. 18.
After the action taken by Italian
troops in July, large parties of re- bels formed into smaller parties ROBBERY OF NATION.
In order to avoid the troops, and began pillaging. Although the Socialist and
A squadron of armoured cars, Liberal policies of nationalising supported by smaller columns, at the land aro recognised in their speciousness by those on tacked a caravan, killed eleven men gaged in agriculture, such elec- and 380 camels, Three Italiass tioncoring erles as "The land for were alightly injured. the people" and "Freedom from the landlord any deceive the dwellers in the cities and towns,
To guard against the hood winking of those without any first-hand knowledge of the land, an agricultural authority has welt- ten a lucid exposure of the twin nationalisation schemes, His book, "Restoration or Ruin is publish ed from Conservative Party Head- quarters, and has a Foreword by the Prime Minister.
Another party was later surprised and put to flight. The rebels left forty dead, thirty camels, and four horses. The Italian native troops lost eleven idlled and 24 wounded. A third party was surprised the same morning and put to flight. The rebels left twelve dead on the field, and also rifles, camels, horses, and stores. The Italian troops lost one Spahi killed and one wounded.
over to be enforced, it would "These pages," writes Mr. Bald- mean, the author points out, that win, "are not written by a politi no Englishman" can look forward elan or a land-owner. They are to owning the smallest piece of the independent views of an agri-land in his own country., that the culturist with wide experience of security of every farmer-in sick- practical farming and land ness o. In health, in fortune or nanagement, and as such I come misfortune-will depend on the mond them.
The author also
uses да
approval of a paid inapetior or a pre-county committee, in whose hands would be the power to deprive him of his land, his home,, and his occupation."
face the pronouncement of Mr. Gladstone, to the effect that no- tionalisation of the land must elther mean, robbery or bad bust- ness for the nation.
An alternative to any such dis- maying regime, the writer briefly enumerates the polley of the Con- Both Liberals and Socialists nd-servative Party,, which prefers the vocate State ownership, although unpaid service of the land-owner the Liberals, to differentiate their and his agent to the direction of nostrum, have devised the special name of "cultivating tenure." Both pollelca are based on taking away the land from the owner and placing it at the discretion of agricultural commitices in, euch
county,
"
huge organisation of salaried offi-
cials,
PROCEEDINGS AGAINST CHUNG WAH: COMPANY.
FRIDAY SEPTEMBER 14, 1928.
dence that a considerable number of people were employed and great activity went on.
"
quantity of batteries and labels which were taken to the' Yaumati Police Station.
Question of Advertisement.
Jecivod.
Mr. Rusa: If you went to buy for six years.
Tho National Carbon Co. did aan "Eveready" battery and you got considerablo business in this direc» la “Chung Wah" battery you would A warrant was executed on Sep
tion and were more or less ploneers so it as once? Work Going On tember 4 and the Police seized a
of flash lights, t
Witness: I would not be ca Answering Mr. Hugh-Jones, wit- Witness said that his firm did ployed otherwise, th large quantity of labels and hat- terles
ness said that, tho. premises were not manufacturs.batteries to which Witness added, however, that he Mr. Hugh Jones produced a used for the manufacture of the "Chung Wah" labels were at know of one foreigner being do The proceedings against the photograph which was taken by batteries. Witness saw men trim-bached. Chung Wah Battery Company were dr. Danieli, complainant's repre- ming labels with a pot of glue commenced before. Mr. W. Scho-sonative showing a lorry conveying standing near by. The labels were field at the Kowloon Magistracy the seized goods to the Police Sta- of all varieties.
There were also batteries bear yesterday. The defendants are tion. There was. about 12 to 2 charged by the National Carbon tons on the lorry, remarked Mr. ing the "Washington" trade mark,
but these were not seized. Company on Ovo counts of in- Hugh-Jones.
In reply to further questions, fringements of the "Eveready"
witness said that admission to the trade marks
floor was gained by climbing over the rear wall. The front door was locked.
The defendants, the Chung Wah Company, of No. 189, Laichikok Road, Shamshuipe, were charged with the following five counts:
His Worship (examining the photograph): I notice the load of the lorry is not to exceed one ton Mr. Hugh-Jones: In that case we had to infringe the law. The springs of the lorry were absolute- ly flat
Mr. Ruse: I don't know if the Police are taking cognisance of that your Worship.
Mr. Hugh-Jones: They were carrying on the manufacture be hind locked doors?
Mr. Buss; I don't think that's a fair observation;
His Worship merely noted that
Mr. Russ Intimated that that was Mr. Russ (cross-axtunining): not evidence unless the man was You say you are the pioneers of called
Mr. Hugh-Jones pointed out that the flash light?
Witness: We diaim ourselves to one foreigner (Sergeant Brittain). had told the court he had been do be..
And advertise yourselves.. very colved. largely?—Yes.
Mr. Russ replied that that was And these cases are very good because he had trusted his detes advertisements?-I don't
Know Live. what you mean.
Don't you consider bringing these cases to Court as good advertise ment?-No, we do not like to do It.
Mr. Buss then asked witness if an intelligent man like Mr. Hugh Jones would be deceived by, the fabels in question.
Witness smilingly remarked that Mr. Russ asked witness whether if, after these casos, Mr. Hugh-
as attorney for the
Trade Mark Privilege.
(a) That they had in their possession for sale or for pur poses of trade manufactured goods, to wit, batteries for flash
Continuing, Mr. Hugh-Jones said. lights to which a forged trade that there were two particular in the front door was locked." he did not think that the public Jones were deceived he would not mark was applied, the trade
It was elicited In cross-examina- road court cases in the papers moro be retained mark being a forgery of the fringements of his client's trade tion that the ground floor of the than anything else and, witness re complainants.
marka. In one case there were Hongkong Trade Marks Nos. 210 batteries bearing labels with the house was empty when the Police plied that he thought people had and 211 of 1928;
In reply to another question (b) That they had in their worde "Chung Wah," the name of entered. The witness had knocked to do so because of the amount of
the defendants, and "Eveready" at the front, door for about five news in the papers,
Answering a further question witness said that If any other possession for sale or for pur labels which нега complete minutes but received no reply from poses of trade, manufactured goods, to wit, batteries for finah forgeries of the complainants within Entrance to the upper witness said that the trade marks colours which could not be linke
floors was by a. staircase outside were registered in Hongkong in for those of the National Carbon
1927. Witness was not aware that Company were used, the com lights to which a falsa trade de-
the ground floor.
Witness scription was applied;
Forged Labels Unused.
denied that the the defendant company were manu- plainants would raise no objec- "Eveready" labels were found in facturing batteries before this tions There were seven different sizes bits in some dirty bags. Witness date...
Mr. Rues: So it appears you are and types of the "Chung Wah" agreed that the colours red, white, labels on batteries, but there were and blue were very common and copying their trade marks
no batterics to
(Laughter.) which used in different trades. actually "Eveready" labels wore attached, quantity of although a large
(c) That they had in their possession for sale or for pur- poses of trado manufactured goods, to which a mark so close- ly resembling a trade mark, to wit, Hongkong Trade Mark No. E11, of 1928 as to be calculated to deceive, was falsely applied:
(d) That they falsely applled to goods, to wit, batteries for flash light, a murk so closely resembling a trade mark, to wit, Hongkong Trade Mark No. 211, as to be calculated to deceive;
(e) That they did apply a false trude description to goods, to wit, batteries for flash lights, Mr. G. S. Hugh-Jones appeared for the complainants and Mr. C. A. S. Rass represented the de- fendants.
trado marks.
Officer Deceived.
Witness. Thank you. Continuing, witness said that
Mr. Russ put it to witness that' by their trade" mark registration · all they were entitled to was the word "Eveready" and they could not monopolise the colours, red, white and blue, nor could they monopolise the design.
Witness disagreed.
Mr. Russ: Isn't the glet of your trade mark the "Eveready?"
Witness No.
Re-examining, Mr. Hugh-Jones. asl id witness if a man asked for a battery with the red, white and blue label, what make of battery would he think the man desired.
J
"Eveready" labels were found 'on' Witness remarked that he pos- they had been trying to find out the premises. There were two dif- sessed a torch and the last time he for the past year or so who were these batteries ferent forms of "Eveready" labels purchased a battery he had sent a manufacturing and no less than six different forms detective to buy an "Eveready," which bore labels infringing the of the Chung Wal" labels louse. but since the case witness had dis- trade marks of the National Carbon He could not, of course, tell the covered that his battery was not an Company. actual number of labels altogether.] "Eveready" but one manufactured
Mr. Russ intimated that the re by the Chung Wah Company, marks regarding the "Eveready" tabela were irrelevant and could only prejudice his Worship. There were no batteries to which they had been attached. Mr. Russ re marked that anybody could have "Eveready" labels in their pos session.
"Mr. Hugh-Jones agreed that there were no batteries seized to which been the "Eveready" labels had attachet.
His Worship said that in that case the first charge ought to come The present ense was described out, but on asking Mr. Hugh-Jones as the most serious of the three, if he were withdrawing that count, On the premises of the defendants his Worship was informed that the the company was carrying on the charge was not being withdrawn. Sergeant Brittain was then manufacture of batteries on a very extensive scule. According to Mr. called. He said that he executed Hugh-Janes, they occupied three search warrant at the defendunts' floors of a Chinese house and on all premises at about 10,30 a.m. on Sep
seized these three floors there was evi-tember 4 Witness
Mr. Russ: This was a part of a campaign? It was a question of Mr. Russ replied that the detec- our rights and nothing else,
Witness assured Mr. Russ that tive might have been a very stupid
the "Eveready" Inbels seized on
Witness replied that it would be one.
Continuing, witness said that he the defendants' premises were not the "Eveready" which was known throughout the world by these himself did not notice the difference in a dirty bag.
colours. until after the fist case.
Deceptive cor Not. Witness admitted that if he had
Mr. Lee Hung-yee, managing himself gone to purchase the Mr. Russ then proceeded to ques-partner of Messra, H. Y. and H. T. battery he would look at it, but tian witness regarding the portions Lee Brothers, agents in Hongkong snk that even he might accept a of the labels to which he object for the National Carbon Company, "Chung Wal" battery for an ed. Witness replied that the said that he had known tho colourable Imitations which woro Eveready" batteries for over ton intended to deceive were what were years. Everybody in the electric objected to.
trade know the "Eveready" trade marlin. The colours, had always been red, white and blue.
Even though the main cause of agricultural depression is ecuno- mic and world-wide, it is believed. that the industry will be con- siderably helped by its exonera- His Worship enquired of Mr. tion from rates and by the redne Russ whether he wanted the case Red Tape v. Human Tic.
tion of freight charges assured tried before a judge and jury or Public ownership of land has by the last Budget. There summarily. been described by Lord Selborne further, the Act empowering| Mr. Russ asked that the case te as "really a scheine for substitu- County Councils to acquire land taken summarily. ting red tape for the human tie," for small holdings, cottage hold- and the writer convincingly shows ings, gardens, and allotments. It "the mugkile-not to mention the is to helpful measures such as expense which would result from these, and to the normal play of administration by these arbitrary economic forces--which, soon se authorities up and down the coun- parale the bad farmer from his try. The prospect gives new point land-rather than to revolutionary to the old saying! "Bellor a bad change of ownership that the landlord than none at all." author and all thoughtful people If the notions of either the Su- would entrust the future of cialist or the Liberal Party were agriculture.
A Serious Ense.
"Everendy" Battery.
Mr. R. S. le G. Daniell, repre- senting the National Carbon Com- pany, said that his firm were the proprietors of the two marks which were the subject of the present proceedings. They were used for dry electric batteries and had been in use, as far as witness him- or self knew, for the past ten twelve years. To his knowledge they had been on the local market
OPENING OF THE GOODWOOD MEETING: THE STEWARD'S CUP.
Mr. Russ. In his questions pointed out that the colours, red, white and blue were commonly used in trades. Barber shops, war ships and others used these three colours.
Witness repiled that it was the colours used with the designs of the "Eveready" labels that formed the infringements,
Witness, handed a "Chung Wah" battery, said that n Chinese would very likely accept it for an "Eveready." A European might even be deceived.
The case was adjourned till this morning.
Bull weather prevailed at the opening of the Goodwood Meeting, but there was a good attendance. Our picture shows a general view of the course taken from Trundle Hill at the finish of the Stewards' Cup, which was won by
the second favourite, Lord Glanely's Navigator, (Times copyright);
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