This Document is the Property of His Britannic Majesty's Government.]
0.
25781 [July:1.]
126
CHINA TRADE.
CONFIDENTIAL.
[22611]
No. 1.
SECTION 2.
16 JUL 18
(No. 264.) Sir,
Sir J. Jordan to Sir Edward Grey.-(Received July 1.)
Peking, June 10, 1908.
I HAVE the honour to inclose copies of correspondence regarding a case of fraudulent imitation by a Japanese firm of the trade-mark of Messrs. Butterfield and Swire. From this it will be seen that an employé of Messrs. Butterfield and Swire, whilst at Tielling in Manchuria on the 2nd May, learnt that sugar purporting to be from his firm's refinery in Hong Kong, was being sold by a Japanese. On further inquiry, he found that the sugar was put up in bags of smaller weight than those packed at the Hong Kong refinery, and that the quality was far inferior. A bag of this sugar was purchased from the Japanese firm, and a receipt was obtained declaring the sugar to be from Messrs. Butterfield and Swire's refinery.
His Majesty's Consul-General at Mukden brought the case to the attention of his Japanese colleague, but as the Consular Court would have no jurisdiction in such a case until the Convention is completed for the mutual protection in China of British and Japanese trade-marks, I addressed a letter to the Japanese Chargé d'Affaires on the 25th May, asking him whether he could not take steps to stop the infringement, as was done more than once in similar cases during my time in Corea.
On the 1st June Mr. Abé replied, in the letter of which I have the honour to inclose a copy, informing me that the Vice-Consul at Tiehling had been instructed to investigate the matter and to endeavour to stop the infringement if he should find the complaint well-founded.
I am forwarding a copy of this despatch to His Majesty's Ambassador at Tôkió.
I have, &c. (Signed)
J. N. JORDAN.
(No. 44.) Sir,
Inclosure 1 in No. 1.
Acting Consul-General Willis to Sir J. Jordan.
Mukden, May 19, 1908.
I HAVE the honour to inclose copy of a letter I have received from the agent of Messrs. Butterfield and Swire in Newchwang with reference to the infringement of their trade-marks and general imitation of the packing of the sugar produced by the Taikoo refinery at Hong Kong.
I brought the case informally to the notice of Mr. Kato, my Japanese colleague, on the 14th instant, and asked him whether, in the event of Messrs. Butterfield and Swire having registered their trade-mark in Japan, it would be possible for them to proceed against Japanese firms guilty of fraudulent imitations in the Consular Courts in Manchuria.
Mr. Kato replied that he thought that the matter would be outside Consular jurisdiction, but stated that similar cases had arisen within his experience in Corea, where Japanese officials had effected a satisfactory settlement without recourse to the law courts.
Mr. Kato was leaving Mukden the next day, Mr. Yoshida, an élève-Consul of inconsiderable experience, being left temporarily in charge of the Consulate-General. I accordingly asked Mr. Kato whether, if I sent the case to Mr. Yoshida, it would be possible for him to inquire into and take steps in the matter. Mr. Kato answered that Mr. Yoshida could do nothing but refer the question to the Foreign Office.
I have the honour to inclose copy of a letter I have addressed to Mr. Yoshida; but as it appears to me that the case is one of aggravated fraud, and that local representations are not likely to prove effective, I venture to place the matter in your hands at once.
[1844 a-2
-2]
This Document is the Property of His Britannic Majesty's Government.]
0.
25781 [July:1.]
126
CHINA TRADE.
CONFIDENTIAL.
[22611]
No. 1.
SECTION 2.
16 JUL 18
(No. 264.) Sir,
Sir J. Jordan to Sir Edward Grey.-(Received July 1.)
Peking, June 10, 1908. I HAVE the honour to inclose copies of correspondence regarding a case of fraudulent imitation by a Japanese firm of the trade-mark of Messrs. Butterfield and Swire. From this it will be seen that an employé of Messrs. Butterfield and Swire, whilst at Tielling in Manchuria on the 2nd May, learnt that sugar purporting to be from his firm's refinery in Hong Kong, was being sold by a Japanese. On further inquiry, he found that the sugar was put up in bags of smaller weight than those packed at the Hong Kong refinery, and that the quality was far inferior. A bag of this sugar was purchased from the Japanese firm, and a receipt was obtained declaring the sugar to be from Messrs. Butterfield and Swire's refinery.
His Majesty's Consul-General at Mukden brought the case to the attention of his Japanese colleague, but as the Consular Court would have no jurisdiction in such a case until the Convention is completed for the mutual protection in China of British and Japanese trade-marks, I addressed a letter to the Japanese Chargé d'Affaires on the 25th May, asking him whether he could not take steps to stop the infringement, as was done more than once in similar cases during my time in Corea.
On the 1st June Mr. Abé replied, in the letter of which I have the honour to inclose a copy, informing me that the Vice-Consul at Tiehling had been instructed to investigate the matter and to endeavour to stop the infringement if he should find the complaint well-founded.
I am forwarding a copy of this despatch to His Majesty's Ambassador at Tôkió.
I have, &c. (Signed)
J. N. JORDAN.
(No. 44.) Sir,
Inclosure 1 in No. 1.
Acting Consul-General Willis to Sir J. Jordan.
Mukden, May 19, 1908. I HAVE the honour to inclose copy of a letter I have received from the agent of Messrs. Butterfield and Swire in Newchwang with reference to the infringement of their trade-marks and general imitation of the packing of the sugar produced by the Taikoo refinery at Hong Kong.
I brought the case informally to the notice of Mr. Kato, my Japanese colleague, on the 14th instant, and asked him whether, in the event of Messrs. Butterfield and Swire having registered their trade-mark in Japan, it would be possible for them to proceed against Japanese firms guilty of fraudulent imitations in the Consular Courts in Manchuria.
Mr. Kato replied that he thought that the matter would be outside Consular jurisdiction, but stated that similar cases had arisen within his experience in Corea, where Japanese officials had effected a satisfactory settlement without recourse to the
law courts.
Mr. Kato was leaving Mukden the next day, Mr. Yoshida, an élère-Consul of inconsiderable experience, being left temporarily in charge of the Consulate-General. I accordingly asked Mr. Kato whether, if I sent the case to Mr. Yoshida, it would be possible for him to inquire into and take steps in the matter. Mr. Kato auswered that Mr. Yoshida could do nothing but refer the question to the Foreign Office.
I have the honour to inclose copy of a letter I have addressed to Mr. Yoshida ; but as it appears to me that the case is one of aggravated fraud, and that local repre- sentations are not likely to prove effective, I venture to place the matter in your hands
at once.
[1844 a-2
-2]
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