C.O
156
47585
REC
REGE 15 OCT 15;
(Copy) C. 29228.
The Despatch of the Governor-General of Hong Kong deals, in my opinion, with very important matters and raises also several important questions of Trade Mark Law.
After the most careful consideration I can give
I am unable to agree with the conclusion come to by Sir F.H.May. As I read the facts they are as follows:- The Marks in question consist of registered Marks and unregistered Marks. They are Marks which in the past have been used upon goods manufactured by two Manchester firma, viz. Messrs. George Fraser & Company and Messrs. George Richardson & Company. They have further been
applied (as I read the statement) to goods selected and distributed in China by Messrs. Arnhold Karberg & Company. If these are the facts I should come unhesitatingly to the
conclusion that they are Marks jointly owned by the
English and German firm, and that the business in general
constitutes what is commonly called in Trade Mark Law
"a joint venture". The law in such a case is fairly clear; that where the joint venture is ended, the Marks cannot be used by one only of the parties. The Marks mean goods which have passed through the hands of the joint owners, and consequently a use by one of the owers only would be misleading and deceptive (See upon this point Robinson and Finlay 9, Chancery Division 487, Major V.Franklin 25, R.P.C. 406 and the Tarantella Trade Marks
27
eas.