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THE HONGKONG TELEGRAPH,
"EVEREADY? CASE.
PROCEEDINGS AGAINST. TRONG TUNG CO.
The defence was opened before Mr. W. Schofield at the Kowloon Magistracy yesterday in the Kwong Tung Battery Co, caso in which the management is charged on four counts of infringements of the "Eveready" trade marks,
Mr. G. S. Hugh-Jones appeared for Mr. R, S, le G. Danielf the complainant, while Mr. Hin-shing Lo (Instructed by Mesars, J. M. Hall) appeared for the defence,
FRIDAY, SEPTEMBER 28, 1928,
Jones witness said that the "Gan Lon City batterica were the first that he, had ever mada. He had been three or four years making praparations before finally cata blishing, business,
erved in American Navy, When asked what he was doing during those three or four yeni's witness replied that he was in the American Navy.
Mr. Hugh-Jones: Did they use "Eveready" batteries in the Ameri- can Navy?
Witness: No. Have you seen any batteries in use in the American Navy 7-The Eagle Brand battery. Mr. Hugh-Jones replying to the
Mr. Hugh-Jones produced the submission of Mr. Lo made at the trade mark certificate of the Eagle previous hearing, contended that It was open to anybody to give in brand labels which he said was formation upon a summons and told the trade mark of the National
Carbon Company. prosecute as a private individual On examining the Ixbol his Wor. without the necessity of obtaining ship remarked that it was also a power of attorney, Mr. Hugh an infringement of the "Eveready"! Jones pointed out that an incor-label the colours and design be porated company could not laying the same but it was, of course, information to his Worship
the property of the "Eveready" people themselves.
Witness said, in reply to further questions, that he had never seen any other battery in use in Amer ca during the time he was in the Navy.
If Mr. Lo submitted that he had no case to answer on the evidence,
Mr. Hugh-Jones said that it was beyond his apprehension. He commented on the charges and pointed out that there was evi- dence to support them all. He re- ferred to the false trade descrip- tion that the batteries purported to have been made in U.S.A. where as in fact they were manufactur- ed in Yaumati.
Curious Argument,
What were you in the American Navy I was foreman looking after the Filipinos who worked in the Inundry.
What was the name of the ship? -U.S.S. New York.
Who designed your label for you I myself thought it out. Who printed it for you Formerly the Wah Shing,
And after that the Tin Chun- Yes. -
Witness said that he later re- turned to China and whilst in the The third ground on which Mr. country he was making experi- Lo had argued, said Mr, Hugh-ments on flash light batteries, Jones, was a curious one and it was that of current use. The only ovidence of current use was that these Infringements had been go- ing on for some time but the com- plainants had been unable to dia- cover the origin" of the goods.
There was no evidence whatso ever of acquiescence. The com-
Did you do the same to the Wah plainanta knew the infringements were going on and tried to locate Shing 7-Yes. the offenders but had falled. Where did you get that speci- When they were a little more for-men from?-I made a sketch my tunate and found the origin of the self.
Did you draw out the lettera?- infringed articles they immediate-
No.
Well, who did that for you?-My friend.
ly took these proceedings, How Mr. Lo could argue that they had acquiesced, he (Mr. Hugh-Jones) did not know.
Mr. Lo, when asked if he could quote authorities to substantiate his submissions, repeated his ar guments, citing various cases in support.
After further argument his Worship ruled that the defence had a Casc to answer on all charges,
The Defence.
When you gave the Tin Chun that order you gave them a speci- men didn't you?--Yes.
J.
C
Who He has ПОТУ rons to Shanghai,
Why did you say he had gone to Shanghai so quickly? I did not ask you where he was. Were you afraid that I would ask you where he was-He was a brother officer of mine on the ship.
mean
Own Invention,"
A brother officer of yours? You n brother-Inundryman 7- Yes, he was one of the Inundry men.
ܕ܂
He was with you in the Ameri- can Navy 7-Yes,
DRAGON DISPLAY.
ADDITIONAL TATTOO
ATTRACTION.
THE RICCI HALL.
NEW HOSTEL FOR HONGKONG
12 UNIVERSITY.
WHERE THERE ARE BABIES THERE ALSO SHOULD BE BABY'S OWN TABLETS.
To keep her little one well in the conscientious mother's constant:
In pursuance of their polley to care, and to help her in this tank, Hongkong's first Tattoo will be staged for the first time next nasist the promotion of education she is wise-If she has Baby's Own Thursday night at Bookunpoe and all over the world, the Jesult Tablets always handy in tho will undoubtedly prove to be the Fathers of Hongkong, it is learned home. For these Tablets have greatest spectacular event ever are financing the construction of saved many little lives
now building in Pokfulum, known in the Colony: Ail pre-a parations for the Grand Tattoo which, when completed, is to be nro now complete and the success attached to the Hongkong Univer of the event can almost be judged sity.
Of modern design, the structure at the present time. The booking' facilities offered to the publie well will be three-storeyed and will be before the ovent, have met with able to house forty students, it warm approval, Judging by the ia the Intention of the Jesuit demand which has been experienc-Fathers to provide sufficient ac ed at all the four booking centres, commodation for at least a hun while there are many indications dred students and when the pre- that the Working Committee has sent building is complete, no doubt not erred la its decision to provide further building will be under scating accommodation for over taken so that the requlalte number six thousand people each night. can be housed as soon as possible The site is just a little west of
Booking continues at the Y.M.
C.A., Kowloon, Messrs, Moutrics, the Ho Tung Engineering School and the Sincere, and Wing On In Pokfulum, aud the work of Companies. Each booking centre clearing the hill has already com has plans of the scating accommenced. If work can be proceed. modation and ground which showed with without any unforeseen the position of every sent in rela- delay, the new building will be tion to Edinburgh Castle, the ready by the end of next summer. striking scene around which aOne wing of the building will face good deal of the action of the Pokfulum Road and the other wing, which will be at right an: Tattoo will take place.
gles to the first, will face the Peak.
Is
The Matter of Dress.
The estimated cost of con- An enquiry has been addressed struction is understood to be regarding the wearing of evening
about $120,000, and .. It dress for the Grand Tattoo and we learned that the money has are informed by the Hon. General
boen advanced to the Jesuit Secretary that evening dress is
Fathers in Hongkong. by The unnecessary.
Jesuit Society of Ireland.
The chief troubles which affilet. infants and little children are those which ariso, in the stomach. and bowels, and it is in quickly and effectively correcting these that Baby's Own Tablets are of im- measurable worth. They remedy childhood's constipation, care colic, banish indigestion, check. diarrhoea, allay teething pains, cool fever, rellove croup and colds, expel worms. And they are guar anteed to be absolutely pure, and safe for even the youngest or most delicate babes pells Baby's Own.
Your chemist Tablets, or post free, 60 cents the dicine Co., 60, Klangee Road,. vial, from the Dr. Williams' Me Shanghal.,
The
MORRISON PIANO.
STANDS ·ALONE
PLEASURE.
AND
PLAYING
Ap already stated the Tattoo
The name of the new Hostel, will commence at 8.30 on Thurs when completed, will be The FOR day, Friday and Saturday nights Rice! Hall. The name is selected next and will last until shortly to perpetuate the memory of Fr. after 10.30 p.m. The arrival of Ricci, the first Jesult Missionary EDUCATING
the Omeer to come to Chins, His Excellency, Administering the Governent, is It is interesting to add that Fr. timed for 8.94, p.m. H.E. will Ricci actually arrived in Macao enter through the gates of Edin- in the carly part of 1882 and later burgh Castle and will then inspect wont to Shiu ling. the guard of. Honour,
Massed bands will play and the
already
Fand will fulfil (these re- Cquirements][because] it! Is built for those pur- pozes. Guaranteed
TEN YEARS:
1st. Battalion of the Queen's greater variety in an Royal Regiment will beat Tattoo varied programme of events. before the spectacular scene de- The gala display on the second picting the Gathering of the Clans.night will consist of an illuminate The dancing display on each ed and decorated motor car and hight is timed for 9.15 p.m. On motor cycle parade when cars will Thursday night the display will be be decorated to represent various The Portuguese by 3rd/15th Battallon, Punjab nationalities, Regiment which will give the pageant will be staged on the third CASH OR EASY PAYMENTS
On the night, this consisting of "Vascó Khattack War Dance. second night this part of the pro-da Gama's Caravel," depicting the gramme will be devoted to an Old explorer setting out on his histori English Dancing display arranged voyage to India and "The World's by Miss Dalay O'Keefe, the Oldest Alliance", a scene showing Maypole Dance being done by the Britannia and Portugal, children of the Garrison School and the Morris Dance by ladies of the Colony.
Torchlight Evolutions.
Chiu Ming, the sole proprietor of the Kwong Tung (Canton City) Battery Company was then called,
On the third night members He said that he had been in the
Who thought out these arrange of the Hongkong Rool Club battery business for over five
will dance 4 82-somo real. years. He had used the labels ments and colours?-I myself.
They are just the same colours The dancing on each night will which were the nubject of the pre- which appear on the only battery be followed by spectacular torch- sent proceedings since establish- ing business. Witness said that you have ever seen in the Ameri-light evolutions, to be carried out he had intended to register the can Navy aren't they? The col- by 440 N.C.O's and men of the "Canton City" labels but had not ours of the Eagle batteries were Queen's Royal Regiment. done so. He naturally tried to not the same as they are at the develop his business and had present time. These colours have agents in Singapore as well as in been changed during the last three Hongkong and his country.
Answering further questions Witness said that he had never witness said that there were about tional Carbon Company. He was ten to twenty boxes of "Electricity" batteries left by his friend and acquainted with Mr. Lee Hung-about 10,000 loose labels, yee, the local agent for the "Eveready" batteries and the lat-
own labels witness said that he ter was aware that witness was was the inventor of that particular introducing batteries with the type. He started business about "Canton City" labels. He had the same time as the Chung Wah never complained that the "Eve Company.
received any letter from the. Na-
years or so.
Questioned further about his
rendy" trade marks were being in- Mr. Hugh-Jones: Do you know fringed.
that the Chung Wah swore they Continuing witness said that the invented these tabels?
ARRANGED.
On the third night there will TSANG FOOK PIANO CO.,
Telephone 0.4648,
also be a. display of fireworks by the Japanese community. The first firework display will Bynchronize with the firing of three guns and after that the fireworks will be seen in the In- tervals between successive iteras of the programme.
An Impressive Finale, "The Surrender of Edinburgh Castle, 1689," which will vio with the battle scene for the honour of A modern battle scene entitled being the most colourful spectacle "Outposts of the Empire", will be in the Tattoo, is timed for 10.20 given at 9.45 p.m. each night, the p.m. each evening. The finale will personnel taking part being the be at 10.35, the massed buglers of Hongkong and Singapore Brigade, the Command sounding the "Last R.A., 2nd King's Own Scottish Post" and "Land of Ilope and Borderors, Motor Cycle Section of Glory" and "Abide With Me" the H.K.V.D.C., the Hongkong being sung. After "Lights Out" Ambulance Association.
W
WESTINGHOUSE ELECTRIC
Mule Corps, and the St. John has been rounded the National Reiss, Massey & Co., Ltd.
A New Gala Display.
Anthem will be sung.
Special trafle arrangements have been made in order to handle
DISTRIBUTORS,
The gala displays, which differ the crowds of people at Bookunpoo Exchange Bldg. cach night, are timed for 10.05 without causing delay and con- p.m., the Chinese display coming fusion and motorists and owners on the first night. As alrendy of hire cars are reminded that it announced this will consist of is necessary to secure parking "Eveready" had another agent Mr. Lo objected to the question "Lion Flaying" in the Northern tickets before the Tattoo. Cara locally besides Mr. Lee. Witness remarking that there was no evisiyle when two "llons" will appear, without these tickets will be from the Sookunpoo denied that he manufactured bat-dence to that effect
ane about twelve feet in length, diverted teries bearing the "Electricity" Mr. Hugh-Jones replied that that being played by two men, and the ground. The tickets are available
other, six feet in length, by one at the YMCA, City Hall.
Seldom, if ever before, has any public event like the Grand Tattoo
labels. Labels bearing this mark had been given in the other case. had been left on his premises by After further argument Mr. Loman.
a friend, who had asked, that they asked his Worship to note his ob- be kept on the premises for an-jection, Mr. Kugh-Jones elleited. No previous mention has been aroused such intense interest In other friend who was a travelling from witness, the fact that he made that the Chinese community the Colony and given the public irader. The loose labels were claimed to be the inventor of that is arranging another display. It support, already strikingly shown, also left there, by this, mau. type of label and when he had in- is learned that this will be highly the Tattoo should go down as Witness denied that there were vonto this label he had never spectacular and will have for its Hongkong's greatest and most any "Chung Wah" labels or bat- heard of the "Eveready" battery. main attraction a dragon one successful effort in charity teries found on his premises.
At this stage the case was ad-hundred feet long. The introduc organisation.
tion of this Item promises even Cross-examined by Mr. Hugh-journed till next Friday. ·
Tel. C.672
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