1907-07-10 — Page 5

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THE POWERS AND WH PAR EAST.

THE NEW ABIATIC LEAGUE.

Far Extern politica:---

THE HONGKONG TELEGRAPH, WEDNESDAY JULY 10, 1907.

THE RETURN OF GENERAL KUROKE

INTERESTING INTERVIEW.

General Kuroki, Lieutenant-General

Ki-

formt trademark I have never mitated another's label.:

At th point the Court read the documentary evidence put in at the proceedings in the Kobe Court

Mr. Karathima, counsel for defence, stated

fringed the trade-mark of Messrs.. Buchiano's

wo'can apply to their real dispositiopa. Tha two groups to which England belongs showed so approach to unanimity. France and Japan did not support us; Russia deprecated discus sion; Italy hedged ; Spain alone supported us verbally while inaugurating rumour. says, The following articls by-Mr. II. N. Brailsford, with our support an ambitious programme for appaiting In the London Daily News, gives bailding up a new fret. There is another test goshi, Major-General- Umezawa, and 'savera that the accured bad not, on any occasion, in- new and interesting view of recent events in which ai tangishta Laberal from a reaction

ary Power-its readiness to jin in concerted action with dialaterested imptives, to prevent gross oppression. In Lord La sdowns's time we tried to introduce autonomy into Macedonia, and to call a Congress to impose reforme op the Congo Free tate. We failed for want of support. In all the understandings and leagues which have been concluded since, have we won any basis whatever for better success in these two purposes? The answer which those interested in Macedonia and the Congo still receive from the Foreign Office is that fresh English action is out of the question, because we cannot reckon on the support of other Fowers. Whatever else heto groups and leagues may be, they are not pacific and they are not humanitarian."

"Whatever modern statesmen do is done in the interests of peace. It is to preserve pesce that we arm nowadays and to preserve pesce that we pledge ourselves in treaties of alliance to make war in common with our neighbours. It is because he wants to keep the peace that Prince Buelow refacts to discuss disarmament at The Hague. It will, no doubt, be from a desire to pay a subile tribute to peace that the next war will begin without a declaration. It is to make war impossible that modern inventors are perfecting submatines and airships. And it is, of course, to preserve peace in the Far East that France has just announced the con- clusion-of'a treaty with Japan. We are all peace-makers to-day, and when the authors of this treaty assure us, in the customary phrase, that it is directed against agbody, we can only bow our heads and murmor a beatitude. We live in an age of progress. No one nowadays -ever does aim at an enemy it is the enemy'

who gets in the way,

"Wah this decemary tribute to the authors of the new instrument, it may no', perhaps

be taken amiss if we go on to examine the

CHINA'S.CURRENCY.

THE HONGKONG KEM"RIAL TR "Wayfarer" writes in the Peking and Tientsin Times under date 28th ult. :—–—–

other officers, who represented the Japanese whisky. As would be teen from his label, the army at the International Army and Navy celebration at Jamestown, arrived at Vokohs accused took the label on that firm's whisky as ma on Thursday morning by the Kaga-ware model, but put his own design on it, thus trademark of the Scotch whisky. The star in from Seattle. At first it was arranged that making it easily distinguishable from the the General and suite should make a short stay the trade-matk of the Sapporo beer had been in the upper rooms of the Harbour office taken by another beer brewery, and having before the departure of their train, but in added some words, bad obtained registration view of the outbreak of plague in Yokor

put in a book entitled "Shobyo Daizen! (Com. hams, this arrangement was abandoned and thereof. In support of his contention, Counsel they remained on board the steamer. The replete Collection of Trade-marks), and a le of presentative of the War Office, Governor Subu, trade-marks. and Baroness Kuroki, wife of the General and their sons, met-the General on board.”

The party proceeded to Tokio by the 10.40 mm, irajo. At Shinbashi station, the General was greeted by a large crowd of high person ager, including Marquis Salcoji, Mr. Makino, Minister for Education, Admiral Togs, General Nagl, General Oks, and Mr. Oziki, Mayor of

Tokin.

Speaking to a representative of the Anahi on braid the Kaga-maru, General Kuroki stated that what most distressed him during his visit

sieged by journalist "No sooner," added, the General, "than I grived here, I have received an stack from you." Turning to his experi ence in the United States, the General remark. ed that be had received reception after recep tion from officials sed private persons, and he was unable to express his thanks for the good will shown by the Am-rleans all the time.

Procurator Gotsu stated that in examining the charge of infringement of irade-mark' the laws had been found to be defective. Under present circumstances, it was to be regret ted that a trade-mark, which having been registered was fully entitled to protection, could yet be denied the protection of the taw. From a legal point of view, this exist ence of such a fact was to be greatly de plored,, and jihe defect should be rectified by all possible means. It was therefore, the duty of Procurators to do their best in the pro-

Today's Advertisements.

THE TRADE MARKS ORDINANCE, 1898:**

APPLICATION FOR REGISTRATION OF TRADE MARKE.

..

hereby given that CAMMELL, N LAIRD & CO. LIMITED, OF Cyclops have, on the zad day of July, 1957, applied for Works, Sheffield, England, Manufacturers, the registration in Hongkong in the Register of Trade Marks of the following Trade.

Marke

1. The device.of Camel or Drimedary. 2. The word "Cyclops" and three crowns: 3. The word "Cyclone.";

in the name of CAMMELL, LAIRD & Co., LIMITED, who claim to be the proprietors thereof.

All the above mentioned Trade Marks have been used by the Applicants for many years in respect of the following goods—

STEEL IN CLASS 5:

and

MACHING KNIVES, MACHINE TODLA TWIST AND OTHER DRILLS, MILLING AND OTHER CUTTERS, SHEAR BLADES AND SIMILAR GOODS ALL BEING PARTS OF MACHINERY INCLUDED IN THIS CLASS IN CLASS 6.

Facsimiles of the Trade Marks can be seei at the Office of the Colonial Secretary of Hongkong and also at the Office of the under signed.

Dated the roth day of July, 1907.

Procurator proceede! to say, that nowadays there were many dishonest business men who were eagerly-seeking to make a large fortuse all at once by meros of illegal practices. For instance, suppose a person invented a certain 649]. article, patented his invention, and made large profits by placing it on the market, Soon someone else, would, imitate the invention, impose as the world, and thus make illegal T profit. The present case would come under that category. In comparing the flavour of Messrs Buchanan's whisky and the imitation made by the accused, the difference of quality was as distinct as heaven and earth. Every body would be able to datinguish one from the other very easily. The foreign trade of Japan was growing day by day, and at this im- portant stage of the nation's progress, if dis-

JOHNSON, STOKES & MASTER, Solicitors for the applicants,

8, Das Vœux Road Central

Hongkong,

PUBLIC AUCTION,

HE Undersigned have received instructions

io sell by PUBLIC AUCTIÓN, FOR ACCOUNT OF THE CONCERNED, ON

I was sorry to see in one of your contem-to the United States was that he had been betection of that which was entitled to protection. poraries the other day slighting reference made to a currency memorial presented to the position of the new pacific machine. It Diplomatic Body in Peking by the Chambers not aimed at anyone it only points in a

of Commerce of Hongkang, Shanghai, and certain direction. M. Kuring, the Japanese Tientsin. I suppose there are soma news. Ambassador in Paris, has given us the date which enable us to calculate the angle with papers who are so used to dashing down their thoughts on any and every subject at a considerable accuracy. "There is now, as he explained to the Matin a quadruple league in moment's notice, that they occasionally find the Far East between England, Japan, France then ves in for a long article on subjects and Russia. The new Asiatic, League will with which they have not the slightest ac guarantee all its members in the possession of aintance. It was evidently. so in this case, the territory which they hold; it will control and I have been waiting for some one who bis the good of the Chinese Government at China (the correct phrase is, of course, qua heart to expose the false reasoning of the rantee its integrity); it will prevent other scribbler in question. It would be a great pity Power from making acquisitiors in the Far

if the able efficials, who govern this province, East. The battery is in position. There is, of

were allowed to believe that ŵxed gold ex Course no target; there are only certain objects change, would benefit foreign merchants and outside its lines. Two other Powers hav: posset (reign trade only. I am confident, however, with marvellous rapidity by train and motor honest merchants were allowed to have their HOUSEHOLD FURNITURE, sians in the Far East America'is happily, by common consent, behind the lines of the league. and if she chooses to limber up, there will be *.room for her among the reserves. It is quite probable, as M. Kurino put it, that the Gov. ernment of akys would not hesitate to

hat the able men who serve under Viceroy Yuan Shih-kai, are not to be deceived by the sophistry of annoymous newspaper writers.

A REMINDER.

Objection was taken to the tone of the

Everything in that great country was conti nenial, and of a huge scale. He had also to contend with speeches ned addresses at every place he visited. The Americans were gene rally great speakers, and fond of speeches.

General Umeitwa was also interviewed, and said that during the 40 days he had spent in the United States, he had travelled a distince of about 75,000 miles. This seemed an enor mous distance, but he had been carried about

car. In reference to the American army, theway, Japan's commerce would be seriously General stated that the army was complete in affected. Turning to the question of the all respects, and from the arms and barrack trade-mark in this case, the Procurator accommodation nothing desirable was left us stated that, although there was some differance done. The officers and meu were physically between the two trade marks as pointed to by perfect, and were as fine as the Russians in counsel for defence, yet at the present stage of appearance. He attended the military review the progress of Japanese intellects for persons and march past, but nothing particularly superior would notice such a slight difference. They were almost sure to be unable, to make any distinction between the two, and would buy either of the two brands for one and the same spint. The principal part of the trade mark in this case comprised the words "Scotch whisky, Black and White," and in this point both labels were identical, and this shapes of the bottles and labels were also alike. It was, therefore, only natural that the two whiskies would be generally iken as one and the

to the Japanese troops was noticed in their movements. la this respect the American army furnished no lessons to be learned by the Japanese Japan Chronicle.

**

JAPANESE SCOTCH WHISKY" CASE,

y

APPEAL AT, OSAKA.

{

months past me and my men has been a working in this theatre, and we've never ALLEGED INFRINGEMENT OF TRADE-MARK. seen the colour of your honour's money. We will be very much obliged if you will ply it directly, for until you do we won't crive in another nial. Sir Richard said that his friend's elocution was perfect, but that he didn't like his subject much

enter into negotiations with Washington. In memorial, and also to its subject. It reminds front of the lines stands Germany, M, Kuring me, in of that well-known story of Dick bas defined her position in coldly insolent Steele, who once built himself a pretty private theatre, and wishing to try whether it was well language, which deserves to be qunted in full;

"Germany, has no territory in the Far East, adapted for hearing, placed himself in a remote. like France, England, America, or Russia, part of the gallery, and begged the carpenter Kiaochau is not a colony properly speaking; it who had built the house to speak up from the is territory ceded on lease by China. Conse.stage. The man at firal said he was un quently a treaty with Germany which would accustomed to public speaking, but was told to guarantee the preservation of mutual posses. say whatever was upperingst in his mind. After sions, similar to those we shall have, with a moment he began, in a voice perfectly audi- France and Russia, would have no rains d'é reble': 'Sir Richard Steele,' he said, for three

"The theory is subtle and ingenious. The League intends no harm to Gelmany; if any harm occurs, it will be because Germany has really no business to be there. In cur fathers' time guns used to go off at themselves Nowadays it is the enemy who trespasser Across the line of fire. Hamlet lunges as he arras. It is Polonius, rash intruding fool, who gets himself killed..

"The sig france of M. Kurino's declaration will not be missed in Germany. He has told her that she is a mere ten nt in temporary or cupation of the place in the sun which she seized with the 'mailed fist. From the con- querors of Port Arthur that is not exactly a pleasant intimation at a moment when three Great Powers stand behind them. However much or however little it may mean, it means at the least that the new Quadruple League is prepared in seule the affairs of the-Far East without reference in German interests or tier man ambitions. Once more Germany has been penned is, to use Prince Bulows phrase, and this time the operation has been deliberate, When -'ngland and France, with Italy as an adherent and Spain as a satellite, concluded a partnership in the Mediter were told this the omission

ranean, we to communicate the

agreement

to Get-

many was a more or less nccid'satal over sight. On this occasion the exclusion Germany is defended on a ground which only The new League, like the aggravates it Moroccan group, is intended not perhaps to in- Jure Germany, but certainly to neutralise her.

The Chinese Government may say the same of currency reform. They long ago undertook 19 institute an uniform cain, they have talked about the matter, they have promised and pro- mised, but when reminded of their solemn obligation, given in Treaty to a friendly power, they reply "we don't like your subjecí much.”

CHINA WILL BENEFIT. --

samo.

The accused, continued Procurator, main- tained that as the public generally believed that On 27th ult, in the Oaks Appeal Court, imported wines and spirits were superiorio qua before Julge Tamaki and four Associatelity to the home product, he had a lapted the judges, the appeal was heard of the Procurator of the Osaka Chibo Salbansho against the re-

cent decision of that Court in a charge of in fringement of the trade-mire al "Black and White" whisky, brought against" Nishikawa Sadayoshi, a wise merchant of Andoji-machi, Osaka, who was acquitted.

Procurator Gatsu conducted the prosecution, and Messrs. Ogata and Kareshima, bairisters, defended the case.

But, Sir, the point ( wish to make is that if C ins-the Chinese Government and the

Procurator Cots stated that the infringe Chinese people--who would benefit most by ment of the trade mark of Messra, Buchanan's an uniform currency. Very strong foreign in whisky by the accused was fully established terests are opposed to any curtailment of the by the evidence, as stated in the indictment, free importation of silver, but it has been yet the Court of First Instance unlawfully ac proved to the Chinese Government that the quilted the accused. Procurator recommend reform would benefit them financially in a re:ed that the cass should be re-heard. markable degree.

Defendant was then examined, as follows A letter in the papers is hardly the place in By the Court: Did you as the trade-mark of go deeply into neademic discussions, but I Messrs. Buchanan's whisky on the labels on cannot refrain from placing on record the the whisky manufactured by yourself without entire approval with which most thinking obtaining permissio of the proprietor of that foreignen would view any steps taken by the trade-mark 1-No, I did not. I used my own Chinese Government to institute an uniform trade-mark on whisky manufactured by myself. coinage, with the ultimate object of securing | i did not use any other's trade-mark. the stability of the gold exchanges.

When did you sell the whisky manufactured by yourself?-Approximately, between July and September, 1906,

For good or ill, China is inseparably bound up with Europe in trade and commerce, and a step that would place on a level with other

countries would be welcomed by wise Chinese and wise foreigners alike

You have in the past advocated stability.

For what son did you stop selling this whisky? About the middle of September of Jast-year the representative of the agents of "Black and White" whisky came to my store, of exchange, und anything you crado, Sir, to and informed me that I was infringing the forward its ultimate realisation is a step towards trade-mark of the "Black and White" whisky. assisting and helping this mighty country 101 was surprised to learn this, and stopped sell take its proper place amongst the nations of

ing my whisky. the world.

THE WEATHER.

The following report is from Mr, F. G. Figg, Director of the Hongkong Observatory :—

How did you come to devise the design of your label7-From among the labels on many empty bottles I beld, 'I chose one which I thought was most suitable, I put my design on fil; and made my label accordingly..

Did you know that a trade-mark resembling falen slightly on the E. coast of China, and yours was already registered?—No, I did not risen a little over E., Japan.

On the oth at 15 a.-The-barometer has

"We may think that the noisines of her Chauvinism, the restlessness at her Kaiser, and her reactionary views on armaments and inter- 'national morality justify this policy of isolation- We may say to ourselves that by opposing to her ambition a series of agreements and under takings which will impose inaction upon her "at every turn, we are really assuring the peace of the world. But Germans have the right to reply that of the four Powers who are now the guardians of peace ip the East; three have been at war since the century opened, and as *for the Kaiser, his telegrams have never caused more uneasiness than our own King's Journeys. There is a sense in which Germany's isola tion is entirely her own doing. She chroses to preach the creed of peace in world politics, with open cynicism. She docenat share the aspirations of other European democracies; in Parliamentary language she stands by her own choice on the Extreme Right. It is inevitable that all good Europeans who aim at a co-opera. tion among nations for humans' parposes should- act together, add act, so far as the opposes them Against her. But it would be an affectation to pretend that these new Leagues are in any.

nongkong rainfall for the 24 bonts ending sease of the word the beginning of an org nis-

at 10 am, to-day, 0.00 inch ed international Tiberal party. They are com binations to achieve certain ends in the dist

1-Hongkong and neighbourhood, S. winds, bation of, territory and influence among certain

Great Fowers. They have no light; fair.

2-Formosa Chassiel, S.W. winds, fresh, basis of principal,,“. Japan is not a Liberal or a

South coast of China between Hongkong pacific Power, nor will Russia deserve these

calil the ; Dome is supreme." The and Lamocks, S. wisde, light to moderate.

f the Fowers to the limitation of

know.

T

words in question in order to make his whisky appear to be imported. He did not know that the words formed as essential part of the trade-mark. For the essential part of his trade-mark he added the two lions facing each other, and thus made a clear distinction be tween the two. But this, contended the Pro- curatne, was only a premeditated ruse for evad- ing the provisions of the law. If such was the intention of the accused, why did he not adopt European letters to represent some other meaning than that which appeared in the trade-mark of the Scotch whisky, and pr.ve the genuineness of his intention? The fact of the infringement of trade-mark in this case was fully established, by evidence, and the appeal of the Procurator in Kobo Chilo Saibausho was reasonable, Precurator Gatsu strongly recommended that the accused be severely punished.

TUESDAY,

the 16th July, 1907, at 2.30 PM., at their Sales Rooms, No. 8, Des Vœux Road, corner of Ice House Street, SUNDRY

Comprising

TAPESTRY-COVERED DRAWING ROOM SUITE, DOUBLE BRASS and MAT. IRON BEDSTRADS with WIRE

TEAKWOOD CAMPHOR- |RESSES,

WOOD WARDROBES with GLASS, DIN. WASHSTANDS, DRESSING TABLE", ING TABLE and CHAIRS, MARBLE-TOP GLASS, CROCKERY and E-Y. WARE PICTURE, A Quantity of BLACKWOOD WARE, &c.; &c.

TERMS:-A® usca).'

1

HUGHES & HOUGH,

Auctioneers.

Boogkong, toth July, 1907.

THE FRANCO-JAPANEŠĶ "ENTENTE."

CONSTITUTIONALIST APPROVAL,

(Úçા

The Municipal Council of Osaka has de. cided to celebrate the conclusion of the Franco- Japanese Agreement. The estimate of the expenses for the occasion was to be submitted to the Municipal Assembly on zud inst.

The Kobe Municipal authorities have in contemplativa a similar celebration, and a special meeting of the Municipal Council' wii! he called shortly to consider the proposal.

At a meeting on Friday of the Council of the Constitutional party, Mr. Aetoda, chairman of the committee, stated that the conclusion of the Franco-Japanese Agreement was a matter of congratulation for the Empire. Many members of the Constitutional party desired that the sentiments of the party toward the Agree ment should be expressed, and the committee appreciated the necessity of such a course being taken. To obtain the vote of the cam- mittee on such a course, the present meeting was called, and the following resolution was submitted and unanimously adopted:

Intimations

THE

ROBINSON PIANO

CO., LD.

TALKING

MACHINES

AND

RECORDS.

New Stock just arrived

LARGE AND VARIED

ASSORTMENT ·

MUSIC.

Comic Opera Scores

and Dance Music. RECEIVED BY EVERY MAIL.

Hongkong, 29th Noveltiber, 1906:

(ja

SEASONABLE

WINES.

HOCKS & MOSELLES

SOLE AGENTS FOR LANGENBACH & SORME, Woa8-ON-RHINE).

"That the Franco-Japaneis Agreement just concluded respects the independence of China, Sparkling Moselle ..... the principle of equal opportunity for alt

11

Rock!

IDOL. Dou Bottles Bottlen.

$18,00

18.00

.......$13.00 13.00 ·

14.00 16.00

15,00 17.00

12.00 20.00

Hochheimer...........

Liebfraumilch... 24.00 – 16.00'

Mr. Ogata, counsel for the defence, stated that this case was comparatively simple, and it was remarkable that the Procurator should nations in China, and also sisu es the security have addressed the Court at such length. The of the respective positions and territories in Laubenheimer registration of the accused's trade-mark, was the continent of Asia of the two signatory granted by the Patent Bureau, in charging Powers. We are not only convinced of the Graacher the accused with Infringement of trade-mark, great advantage of the Agreement in maintain- Niersteiner.......... the Court was infringing the authority of fog the peace of the Orient, bat it will go a the Patent Bureau. Before accusing his long way in furthering the interests of bath dient with infringement of trade-mark, con countries. We therefore welcome the conclu- sended counsel, the complainant should have sion of the Agreement, and hope that the fit protested against the registrations of the friendly relations existing between the two accused's trade-mark, and if there was any Powers will increase in cordiality." illegally in that trade-mark, the Palent Bureau would have cancelled its regis'nion without waiting for any judicial action. Such a step had not yet been taken by the Patent Bureau, and this fact woul! show that there was no basis of fact in the charge of infringement of trade-mark. The letters used by his client in his trade-mark were different in some respects, and it could be clearly distinguished from the other by the figures of lions. If the inferior spirit had been sold at the same price as the Bcotch whisky, the accused »ould have been

called dishonest, as alleged by Procurator; but

COMMERCIAL.

TO-DAY'S EXCHANGE.

Selling

London-Bank T.T.

Do. demandeungy Do.4 months' sight linen man France-Back TT........................................ America—Bank T.T. .................. Germany-Bank T.T. .......................................

India T.T. any vir

Do demand......................

California Riesling..... 6.50 2.50

Do, Hock

6,50

·7.50

CLARETS

t. Emilion meida 6.50 Margaux. 700

****2/23/16-

.......2/24 | Vin Ordinaire....... $4.59 $5.50 $ B.go

.3/19/16

Côtés..................... 5.00

9.00 3.74)

Medoc...chijās

5.50 6.50

7.50 10.50

8.00 13.00

9.00

St. Estophe 10,00 Cos. St. Michel Ch, Leoville

11.00

14.00

$250 13.5036,50 13.00-14.00

13.00 1400

37,00

.2.23 .1618 A shallow area of tow pressure lies off the Eid you not adopt this design for your label,

as a matter of fact, he was selling his spirit

*xiviin 1633 coast to the S. of Gustaff. Elsewhere pressure

.....73 St. fullon, &.00 Shanghai-Link T.Ti au coinsure is in sligh to moderate excess of the normal thinking that when a design resembling one

contended that, as the Patent Bureau had not

>% prem It is highest over the N. part of the China Sea already registered was adopted your whisky cheaper, as it was loferior in quality. Counsel

yet cancelled the registration of the accused's Singapore T.T. ..................... and the Pacific to the Southward tod Eastward would have a large sale!-No, I had no such of Japan,

Where did you have your labels made?-trade-mark, his salon did not constitute the Japan-Bank T....136 accused, therefore, should be acquitted, sub Osaka. had them made at Hayakawa's Kyahoji-machi, offence of infringement of trade-mark. Thọ

milial counsel.

Fresh S.W. winds may be expected in the Format Channel and light monsoon and variable winds over the N. part of the China

Sea.

FORECAST.

ider. A

Where did you distil your whisky ? --On my premises, and bottled it ready for sale, a

lava-Bánk T.T.....

Buying

·sat

Price List on application.

2.80

4 months sight L/C.....

............./24 Ch. Larose

2/1 15/16 Mr. Karashima then followed, and said that | 6 months' night L/C, accused had no milicious intention in adopting 30 days sight San Francisco & New York,** 54 In the willen complaint, it is stated that you this unde-mark. He had merely adopted the 4 months sighted tha insitated the trade-mark of "Black and White" words Black and White whisky" solely with 30 days sight Sydney and Helbe whisky so closely that it was difficult to dis the object of making his spirit appear to be 4 months' sight France tinguish the label from the genuins article, imparted. There was a distinct difference be: 6 months' sight and that you put this label on your isferiors the two trade marks, so that the accused | 4 months' sight Germa whisky, In that so?

wat in no way gallty of the charge. He should Bar Silver

· Bank odgment was to be delivered on the 2nd Bank

The labait of whisky of every

priated on

4-South coast of China between Hongkong have the word -

int the Hazus is the best test which end Hisings, samg si No:

H PRICE & Co., Ltd.,

WINE AND RIT, MERCHANTE

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