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Inclosure 3 in No. 1.
Statement respecting the Infringement of the " Cracodile
"Mark in Japan.
January 8, 1906.-Mr. Ross reported from Shanghae that, on obtaining from Japan copies of newly published books of registered marks, he found that our "crocodile "had been registered by a Japanese firm in Osaka. He at once wrote to Messrs. Hutchison and Co., Yokohama, requesting them to consult a lawyer with a view to upsetting the registration; also placing the matter in the hands of Mr. Norbury, who was going to Japan on trade-mark matters.
February 9.-Mr. Ross reported that the "crocodile" had been registered in Japan by Hambei Konishi, of Fushimicho Shichomi, Osaka, under cotton piece-goods class; that he had so far failed to obtain cancelment of the registration, but would still endeavour to do so, and find out how the same was being employed.
April 30-Mr. Ross reported that he was still prosecuting inquiries, but had so far only learned that the Japanese "crocodile" bad been used upon a low T-cloth.
May 22-Mr. Ross advised us to make inquiry as to the best means of persuading the British Government to take action through the British Minister in Tokio.
July 4.--We consulted the Secretary of the Manchester Chamber of Commerce, who advised us to place a statement of our case before the Committee of the Chamber.
August 14.-Mr. Norbury having returned to Manchester, reported details of his attempt to persuade Mr. Kouichi to withdraw his mark, which ended in that gentleman declaring that he would not only continue to use the same in Japan, but, if possible, endeavour to forestall us under the new China Trade-marks Act, and stop our "crocodile " in China. Mr. Norbury advised us to communicate immediately with the Manchester Chamber of Commerce, saying that Manchester merchants are each waiting for the other to move, but doing nothing, though all agree as to the advisability of taking
action.
August 27-A China customer of Messrs. George Robinson and Co. assured us that all merchants in Shanghae are concerned in the Japanese infringements, and that vigorous combined action will certainly be taken when a trade-marks office and staff exist in Shanghae; at present there is nothing of the kind.
August 30.-Mr. Law said the Manchester Chamber of Commerce had better secure a number of complaints as being fully representative of the Manchester interest in the matter. The case of an individual firm would stand very little chance of obtaining full consideration from the Government.
September 3.-Mr. Ashworth said that so far he had heard of no other case identical with ours.
That there is no hope of our obtaining redress in Japan, but he strongly advised that we should communicate details to the Chamber of Commerce with a view to interesting the British Government in the matter, so far as China is concerned. The question of Japanese infringement has been before the Chamber of Commerce for some time, but no specific case has been brought to notice.
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could see that Konichi has no mind to use the mark himself either in Japan or China, but his sole object is to sell it at high price. Both Konichi and Kikuchi know well that it is moral wrong to embezzle the mark, which properly belong to Sir Armitage; but they seem not to care it as long as they are not punishable by law.
Mr. Kikuchi says that foreign Ministers at Peking have made protest to the Chinese Government against the registration of marks for persons other than those who have properly rights to the mark in their respective countries, but the Chinese Government rejected the protest.
Waiting your further instructions, yours, &c.
(Signed)
K. SUNAGAWA
Inclosure 5 in No. 1.
Memorandum.
THE "crocodile" was registered in England by Sir Elkanah Armitage and Sons in 1886, and has been in use on their goods for China for nearly thirty years. It is a valuable mark.
ALEX. ROSS AND Co.
(Signed)
12, Hankow Road, Shanghae, November 1, 1906.
Dear Sirs,
Inclosure 4 in No. 1.
Mr. Sunagawa to Messrs. Alex, Ross and Co,
Osaka, October 24, 1906.
I HAVE duly received your favour of the 18th instant re the "crocodile" mark. I saw several times Mr. Kikuchi, the lawyer engaged by Konichi, and discussed the transfer of the latter's right to us. He says that Konichi is not willing to sell his right in Japan unless we will buy his right in China also.
The reason given for that is if two rights will be in two different men's hands it will be very inconvenient for both, as the cotton drill bearing the mark may be imported from Japan to China and vice versa. The true reason is, I suppose, that if he will refuse to transfer his right in Japan to us we will buy his right in China also.
I asked him what right Konichi has to the mark in China, to which he replied that the mark is not registered yet in China, but Konichi was the first man to apply Chinese Government for registration of the mark, and, according to the law of trade- mark in China, he has preferential right. From the conversation I had with Kikuchi I
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