1908-08-17 — Page 2

Hails.

THE HONGKONG TELEGRAPH MONDAY AUGUST 17

Intimation.

NORDDEUTSCHER LLOYD, THE YOKOHAMA DOCK CO., LTD.

BREMEN.

IMPERIAL GERMAN MAIL LINË.

NAPLES.

FOR

GENOA,

ALGIERS, GIBRALTAR, SOUTHAMPTON, ANTWERP and HAMBURG

STEAMERS

'TO SILL

"Prinz Regent LUITTOLD") WEDNESDAY,

Capt. O. Pahoke ................................ Nooo, 26th August.

SHANGHAI, NAGASAKI, KOBEĮ "PRINZ KITEL FRIEDRICK"

and YOKOHAMA

Capt. E. Malchow............................

About WEDNESDAY,

26th August.

MANILA, YAP, NEWGUINEA,"

BRISBANE,

SYDNEY And

MANILA

Capt, Minisen ....

THURSDAY,

SP.M., zotb September,

MELBOURNE

No. 1 DOCK.

Length insidė 514:ft, Width of entrance, top 85 ft.; bottom 75 it. 'Water on blocks, 27.5 ft. Time to pump out, 4 hours..

No. 2 DOCK.

Length inside, $75 ft. Width of entrance, tóp 60.5ft. bottom 45.8 ft. Water on blocks, 20.5 ft. Time to pamp out, 2 hours,

THESE DOCKS are conveniently situated to Yokohama barbour and "ino attention of Captains and Kagiacois is respectfully, called to the advantages offered los Docking wod repairing Vessels and Machinery of every description,

"The plant and fouls" are of recent patterns sur desling quickly and chouply with work and a large stock of mainuri a always at hand, (pisies and angles all being tested by Liuy da' surveyors).

Two powerfil Twin Scrow Towboats are available for taking Versale in or out as Dock, and for taking Sailing Vessels in or out at the bay. The deating derrick is capable of lifting 35 too.

1908.

HONGKONG TRADE MARK

APPEAL CASES,

J. ULLMANN AND CO. 9, LEUBA FRERES. This was an appost from a judgment of the Supreme Court of Hongkong of January 19, 1907, affirming a decision of Chief Justice Piggott in an action brought by tha mapandi ents, who are watchmakordas Fleurier, In Switzerland, against the appellants, who are

Intimations

FRENCH STORE

watchmakers at Chaux-de-Fonds, for the allege B ed infringement of trade-marks on watches sold

in China.

Mr. E. H. Sharp (K.C. of the Hongkong Bar) and Mr. A. C. Nesbit appeared for the appellants; Mr. K ̈O. Lawrence, K.C., and Mr. D. M. Kerly for the relpondents,

The arguments ween heard recently before a board composed of Lord Robertson, Lord Atkinson, Lord Collins, and Sir Arthur Wilson, when judgment was reserved.

Sir Arthur Wilson, in now delivering (for Lord Robertos) their Lordships' judgment;: said they were of opinion that the respondents

-the plaintiffs-ought to have bɛɛd non- suited for want of title, and that the appeal must, therefore, be allowed. The grounds of that conclusion might be very shortly stated, The action was for breach of trade-mark in

6, QUEEN'S ROAD CENTRAL,

TELEPHONE.NO, 794

ROYAL

and DINNER CLARET

SILLERY CHAM-

PAGNE, PORT, SHERRY.

WHISKY, BRANDY, FRENCH.

and ITALIAN VERMOUTH;

FERNET BRANCA, AMER

PICON, CHARTREUSE and

SUNDRY LIQUERS.

Hongkong, it's August

THE

MORTGAGE CO., LD."

(to

Hongkong, and the trade-marks in question CINA PROVIDENT LOAN AND originated with persons camed Bovet and were used by them in their basiness at Hongkong at dealers in watches. That Hongkong busi-'

Steam Launches of Beal or Wood; Lighters, Stool Buildings and Rools, Bridge ness belonged now, not to the respondents, but Work, and all kinds of Machinery are made on the 'promisas,

to a Mme. Bovet; and the relation in which the respondents stood toMme. Bovet was Tenders will be made up when required, and the workmanship and material will be simply that of manufacturers to a customer.

BORNEO

KUDAT and SANDAKAN.........Cap. F. Sembill

Beginning of September garanted.

*For funber. Particulars, apply to

NORDDEUTSCHER LLOYD,

MELCHERS & CO.,

GENERAL AGENTS, HONGKONG & CHINA..

Hongkong, 14th August, 1908.

[8

MESSAGERIES MARITIMES.

FOR

FRENCH MAIL LINES.

The cost of Docking, and repair work, will be found to compare lavourably with that of any port in the world,

Telephone: Non, 876, 506, ór. 881. Telegrams, "Dook, Yokohama," Godes A. B. O. 4th and 5th Edt. Liebers, Sontta, A. 1, and Walking, Yokohama, May agrð, 1905..

Shipping

Steamers:

NAVA-CHINA-JAPAN LIJN

REGULAR TORNE-WEEKLY SERVICE

BETWEEN

JAVA, CHINA, AND JAPAN-

Expected on or about

will leave for

JAVA

On or about

Steamer."

From

TJILIWONG

JAPAN "

First ball

Aug,

#

TJIMAHI..... IJILATJAP...

JAVALNI

Second balf

Aug.

JAPAN

Second half

› SHANGHAI'

JAVA

Aug.

JIKINI

T} |PANAS

JAPAN

JAVA

First half

JAVA

Sept.

First half Sept.

JAPAN

Firat ball. Aug. Second half

Aug, Second ball Aug. First hall Sept. Firat hull Sept,

FORTNIGHTLY SERVICE TO and FROM EUROPE via SUEZ UANAL

TO and FROM JAPAN visʻSHANGHAI.

STEAMERS CAPTAING

TO BAIL ON MARSEILLES, FIA PORTS .................ARMAND BEнIG...Goleuart 8th Aug.,' I P.M. SHANGHAI, KOBE, YOKOHAMA.....ERNEST SIMONS ... Girard ..................... 31st Aug., P.M. MARSEILLES, VMA PORTS YARRA ......Silier...... Sep., at 1 P.M.

Transhipment on the Co's Steamers at Singapors for Batavia; at Colombo for Calcotts, Bombay and Australid; at Port Said for the Levant, Constantinople, and Black Sea.

Through Tickets to London vis Paris from 27.10 up to £21,10, 20 hours' rallway from Marseilles to London.

*

Interpreters ment passengers at their arrival in Marselitos, ...

For further particulars, apply to

Hongkong, 17th August 1908.

The Steamers are all fitted throughout with Electric Light and bave Accommodation for limited number of Saloon Passengers, and will take Cargo to all Netherland India Ports

through Bills of Lading.

For Particulars of Freight and Passage, “apply to

P. NALIN,

AOTING, AGENT,

QUEEN'S BUILDINGS.

014

Telephone No 375,

CHARGEURS RÉUNIS.

FRENCH STEAMSHIP Co.-HEAD OFFICE: PARIS.

ALL ROUND THE WORLD LINE.

Outward: ANTWERP, DUNKIRK, LA PALLICE, MARSEILLES, GENOA, NAPLES, COLOMBO, VIA SUEZ, SINGAPORE, HONGKONG, CHIN. WANTAO (Peking, Tientsin), KOBE, YOKOHAMA.

GENOA TO HONGKONG IN 30 DAYS. NAPLES

'10

ון

Uniqus opportunity to make a tour in Manh-Chine and Japan with the Greatest Speed,

Sa oty and Comfort,

Transpacifio: VICTORIA (B.C.), VANCOUVER, SEATTLE, SAN FRANCISCO,

Connecting with the Canadian Pacido Railway FREIGHT-to-OVERLAND":"

PASSENGERS 10 OVERLAND and EUROPE): via VANCOUVER.

YOKOHAMA-VANCOUVER.

DAYS. LONDON and PARIS.. 하

Homeward; MEXICO, RIVER PLATE, BRAZIL, LA PALLIÇR, LIVERPOOL,

VIA MAGELLAN STRAITS.

Proposed Sailings;

↑ OUESSANT............27th Ang.

↑ CEYLAN

1 CORSE....

* AMIRAL OLRY .................I2th Oct.

JAVA-CHINA-JAPAN LIJN.

YORK BUILDINGS, 1st Boor,

Hongkong, 7th August, 1998.

MESSAGERIES CANTONAISES.

[16

FRENCH LINE OF STEAMERS BETWEEN HONGKONG. CANTON AND KOUANG-S1.

S.S." PAUL BEAU,” 1,900 tons, 14 kaots...

BS. "CHARLES HARDOUIN," 1,900 tons, 14 kuotë.”

The speed st, most luxurinesie Ippointed and punctual steamers-na-be-line Departure from Hongkonglat coje.”. (Saturdays excepted) Departure from Canton at 5.5 7.v. (Sundays excepted).

These superb steamers carrying the French Mail are fitted throughost was Brive Light

and Faus-and were specially built for this trade. Excellent coisina

The Company's Own Wharf near Wing Lok Street,

Canton Agenta:—Messrs. E. Pasquet & Co.

..26th Nov.

.....11th Jan, 1909.

For further particulars, please apply to-

New Twin Screw 16,000 Tons displaceineni, 1st class accommodation, splendidly equipped with single berth cabins,

Intermediate class and rates of passage.

All round the world ticket by these boats, &c.

For further Particulars, apply to

P. NALIN, FRENCH MAIL OFFICE

Hongkong, 6th August, 1908,

[460

WEST RIVER BRITISH STEAMSHIP

THE St

*HE/Steamert

COMPANIES.

HONGKONG WUCHOW LINE

"LINTAN" and "SAN-UI"

SAIL FROM HONGKONG TWICE A WEEK AND COMPLETI THE ROUND Trip in 4 DayR. These steamers have Excellent Saloon Accommodation, and are Lighted Throughout by Electricity, M

THE OLIMATE ON THE WEST RIVER DURING THE WINTER MONTHS IS

VERY FINE AND EXHILIRATINGEVA

For furthar lafenmation apply to-

BUTTERFIELD & SWIE

AGENTE,

WEST RIVER BRITISH SS. COMPANIES,

Bongson 7, 18th March, 1908.

DE

Intimation.

BARRETTO & CO., Agroth,

QUE CHARTREUSE

ER

Despite the mendacious "imputations made, CHARTREUSE does not depend on the Governement nor to à Liquidator.

The C FERMIÈRE do in GRANDE CHARM

WARNI TREUSE manufactures, according to ancient tradition," this famous liqueur at the Grande Chartreuse, with French Brandy, of which a large stock is always held in resorve, and the plants indigenous to and grown on the pastoral mountains of the estate of la Grande-Chartreuse.

INSIST ON SEING THE SIGNATURES

Calmier

Accordingly the only watches which they said as Ilongkong they sold to Mme. Bovat, and with those sales to her their business in Mong- kong began and ended. It resulted that the galy person who could be deceived, "so far as they were concerned, was Mms, Bavet, and that was not their case at all. Their case consisted in ignoring the contractual relation (of manufac turers to dealer) by which they were consected with, and were separated from, Sime. Bovet, and identifying themselves with the trade which

(CAPITAL PAID UP

24$1,350,000)

Loans on Mortgage of House Property, &c. Goods received on Sionge. Advances made on Merchandise. Loans made on the Provident System.

(Rates and Particulars on application).

THE OFFICE OF

TRUSTEE, EXECUTOR OF WILLS; ATTORNEY, &c., Undertaken and Executed.

SHËWAN, TOMES & Co... General Managers.

Hongkong, rolb March, 1908.

F.

BLACKHEAD &

SHIP OHANDLERS, SAILMAKERS, .... COOL AND PROVISION MER-

CHANTS, NAVAL CONTRACTORS

→ND GENERAL COMMISSON.

AGENTS,

GROUND FLOOR, ST. GEORGE'S BUILDING, HONGKONG, SOAP AND SODA MANUFACTURERS.

"SOLE AGENTS FOR

· LJ ARTMANN'S RAHTJEN'S GENUINE 1 COMPOSITION RED HAND BRAND, HARTMANN'S GREY, PÁÍNT. DAIMLER'S PATENT MOTOR

- LAUNCHES,

belonged to her and with which, by family as well as by business interest, they were con. aected. With the trade marks themselves they had a much more, direct connection, for they held an assignment on the trunça.in bank- ruptcy of some former Bovets, which, if paper would do, apart from business, might give them a good enough title. But it was trite law (now embodied in statute, as regarded re- gistered trade-marks) that 'an assignment of trade-mark, without the business, conferred no effective right. It had been suggested, in- deed, by the Chief Justice that, the following -words-in-tha_assignment supported the title, "Avec l'entreprise dont elles (the trade-marka] servent à distinguer les produits," But those general words occurred in an assignment executed in Switzerland and must be applied by evidence to Hongkong'; and, qoforiunately, the evidence proves that in Hongkong the business, on the incidents of which and injurizi to which the respondents relied, wax, de facto, not theirs and was' not carried on for them. About those facts, tliese was no ambiguity.or doubt at all. Mr.. Heerman, ni Meins. Gaupp and Co., who acted for the plaintiffs, on the one 'hand, and Mme. Bovet, on the other, were por, fectly explicit on the point. It was argued for the respondents that the trial had been so cop. ducied that point of tule was not now open to appellants expressly stated that they did not the appellants. But, on the pleadings, the admit the averments of title and then lay by lo such a situation a plaintiff, if he ignored the question, did so at his perit, for the defence put him to prove his title. Fortunately, hows ever, the matter was not left to be determined ou smete question of pleading, for the evidence. at the trial and the additional evidence laken. "during-the-beario of the appeal placed the question on a clear fopling of ascertained fact. was in the end courageously maintained tor the 'respondenis that they in their quality manulacturers, bad sufficient interest to sue the OVER TEN YEARS' EXPERIENCE

of

action. No authority supported that copter. tion, and it was against principle. It was quite true that the responderis were interested in the success of Mine. Bover's business, but that could never put them in her shoes in vindicat ing her rights against wrongdoers.#heir Lordships would humbly advse bis Majesty that the appeal ought to be allowed, the judg ments help discharged, with costs, and the plaintiff non-suited. The respondents must pay the costs of the appeal.-Ar.

Intimations..

BENGERS

Food

is quite distinct from any other. It possesses the remarkable property of rendering milk, with which it is mixed when used, quite casy of digestion by children, invalide and convalsiçents.

·Benger's Food, is sold." Gin by Chemists, ·

averywhere.

COLD STORAGE,

[318-A

"HE HONGKONG ICE COMPANY"

THETDA DO 40,000 Cubic fest si

COLD STORAGE available at EAST: POINTS Stores will be Open si to A.M. and a VM. dally. Sunday exceprad, is receive, and deliver parishable goodtry!

WM. PARLAIN

Bola Agmis for FERGUSON'S SPECIAL CREAM. and

P. &

O, SPECIAL LIQUER BOOTCH

WHISKY, Stc.

EVERY KIND'OF SHIP'S STORES AND REQUISITES ALWAYS IN STOCK

kno; vik, Manek rope REASONABLE PRICES

TYPEWRITERS

A SPECIALITY

CLEANING, OVERHAULING,

and REPAIRING

ALL BROKEN PARTS, SATISFACTION GUARANTEED.

ALSO

FOR SALE and HIFE,

MODERATE CHARGES.

MOTOR

LAUNCHES

ON

HIRE

AT & LAKE PİER.

GREAT BOON TO PASSENGER

TO and FROM STEAMERS

AND

ALSO ROUND THE ISLAND FOR PICNIC PARTIES, &c. Fares from $2 per 1lour.

HUMBER CYCLES

AGENCY.

DRAGON CYCLE

DEPOT

31 &.35 Dxa Vaux Road.