1909-01-02 — Page 3

Intimation.

Powell's

ALEXANDRA

BUILDINGS.

ARE.

NOW SHOWING

THE HONGKONG TELEGRAPH SATURDAY, JANUARY 2 1900.

Entimations

THE BRIGHT SIDE.

VIOLATION OF TRADE-MARK.

(8) By the statement in the declaration made by the complainant firm against the defendant LEVER'S" CAPITOL * TOILET SOAP. Miki to the effect that the defendant, without of life. It is a feeling common to the majority DECISION OF THE TOMYG CHIHO SAIDANSHO. Ohtaining the approval of the complainant, was of us that we do not get quite the amount of

selling sorp under the caver of the trade-mark On examination of the charge of violation of the right to use which_exclusiyaly in Japan happinezu we are entitled to. Among the count the Trade-mark Law against Miki Vataro, a belonged to the complainant company. less things which tend to make us more or less soap manufacturer, No. 7, Matsukura-cho, 1- miserable ill health takes first place. Hannah chome, Nooj", Tokyo, and Sekiguchi Shirok-goro in the preliminary examination to, the ..(9) By the statement of witness Iwata Kyu- More said that sin was generally to be attri-chi, a soap-dealer, No. 1,524, Kamedo-cho, effect that he was an employd of lida Sadasuke, buted to biliousness. No doubt a crippled Minami Katsushika district, Tokyo-fu; now a soap dealer, of 'Osaka. In March or April liver with the resulting impure blood, in the residing at No. 14, Kami Haiyemos-cho 1906 he visited the house of the defendant Miki† cause of more mental gloom than any other Asakum, Tokyo, the Court, in conjunction with for the purpose of purchasing soaps, when he single thing, And who can reckon up the Procurator Miura Eigoro, has decided an fearful #ggregate of pain, loss and fear follows: »

was shown some soaps with the trade-mark raising from the many ailments and diseases

pointed out to the defendant that the trade. held by Levar Brothers, Limited. He then which are familiar to mankind; like a vast,

mark on the "Capitol soap" had been regis cloud it hangs over a multitude, no one can number. You can see these people every-

tered by the English fear, so that it could not where. For them-life can scarcely be said to

firm's consent. He further cautioned the de- be used by anyone else without obtaining the have any bright side at all. Hence the

fendant to refrain from using the trade-mark cagerness with which they search for relief and

in question Oo heating this, the defendant cure, Remedies like

affirmed that he did not know the fact. He clone intention was manufacturing the soaps without any mali,

WAMPOLE'S PEEPARATION have not attained their high position in the confidence of the people by bald assertions and boasting advertisements. They are obliged to win it by doing actually what is

The defendant Miki Yataro is ordered to pay a fine of Yr00 and the defendant Sekiguchi is acquitted as innocent,

יד

REASONS FOR JUDGMENT, Lavar Brothers, Limited, of Fort Sunlight, county of Chester, England, registered, with the object of reserving "exclusiva use in Japan for themselves, at the Japanese Patent Bareau, before April 1906, a trade-mark composed of an oblong rectangle in which is printed in English the word "Capitol," for the purpose of denollag soaps designed "Capital soaps, which are manufactured by the company. On the soap

..

the latest production aimed for them that this remedy deserves themselves the same trade-mark and the words instituted by Lever Brothers, Limited (since

in British

CARPETS

in the most exclusive

its'reputation is conceded. It is palatable as honey and contains the nutritive and curative properties of Pure Cod Liver Oil, combined with the Compound Syrup of Hypophosphites and the Extracts of Malt and Wild Cherry. Nothing has such a record of success in Scrofula, Anemia, Throat and Lung Troubles, and emaciating complaints and disorders, that tend to undermine the foundations of strength and vigour. Its use helps to show life's brighter side. Dr. H. L. Reddy, B. A., M. D., L. R. C. S., Edinburg, L. R. C. P. London,Physician

Bishops College, Canada, says: "I have much pleasure in stating that I have used it in cases of debility and have found it to be a very valuable remedy as well as pleasing to take You can take it with the assurance of getting well. It never disappoints. Sold by all

"Lever Brothers, Limited, Port Sunlight," in English, are impressed, while on the wrappers of the soaps and also on the labels pasted on the ablong boxes in which the soaps are packed appear the same words in the same style as the impression on the soap. In this way the com- pany has been practically using the trademark. Knowing this fact the defendant Miki Yataro, without obtaining the permission of Lever Brothers, manufactured what he called " Capitol Scap "batween April 10th, 1906, and Jannary 1908, at the address mentioned, using on the

guchi in the preliminary examination to the (ro) By the statement of the defendant Seki

effect that after the criminal action had been January 18.h, 1938) he told the defendant Miki that he (Sekiguchi) had learned that the trade. mark on the Capitol soap bad already been registered by Lever Brothers, Limited..

designs & colourings. Woman's Hospital-Professor University of soap the registered trade-mark belonging to Iwala had recently visited Tokyo and informed

Jute Art Squares for Bedrooms, from $9.50.

Kensington Art Squares,,

in 3 sizes, from $18.75.

Kidderminster Squares, all wool, Special Thick

Quality,

$

by 4 yds.,....

.$87.50

S1 by 41 yils.,.

4. by 5 yds...

.$50.00

$65.00

A Large Variety of

Velvet Pile £quares,

from 9ft. by 6ft. to 15ft. by 18ft., from $35 to $200.

Seamless Axminster

Squares, in, Artistic Designs,

s by 34 yds.

3 by 8 yds, 3 by 4 yds.

St by yds.

4. by 5 yds.

5 by 4 yds. from $50 to $275.

Hearthrugs

to match.

POWELL'S

Carpet Department; First Floor, ALEXANDRA

BUILDINGS.

chemists.

.[49

Intimations.

SAINT-RAPHAEL

TONIO, RESTORATIVE, Digestive WINE

Vory palatable,

Known throughout the world and prescribed in all cases of Anomia, Debility and Cononlescence, toyoung women, children and the agad. Invaluable in het olimates.

· DOSE ; Que wine-glass after the two principai masla.

Each bottle of genuine VIN SAINT-RAPHAEL 'bears, in addition to the registered trade-mark :;

(5) The WARRANTY STAMP of the UNION DED FABRICANTS.

- (8) A METAL SEAL sivortising CamTEAS.

CLETEAS is a MELISSA and MINT cordial

which surpasses all others by its

puroty and faultless preparation. To be taken on a lump of bugar. COMPAGNIE du YIN BAINT-RAPHAEL), Valsnes (Drôme-Fiince),

WALDBECK MACGREGOR & Oɔ., Hongkong.

Consignees,

NOTICE TO CONSIGNEES.

"HE P. & O. S. N. Co's Steamer'

"ASSAYE,"

FROM BOMBAY, COLOMBO AND-

STRAITS.

Shinazo in the preliminary examination that be (1) By the statement, of witness Takema

had been requested by the two 'defendants to negotiate on their behalf a peaceful soulement of the trouble. He accordingly wrote to lida Sadasuke, of Osaka, and asked him to settle THE I this case amicably out of Court, to which he received the reply from Iida that his employé the English firm. The impression was made the defendant Miki that the trade-mark in by means of a brass mould (which was question was already registered by Lever Bro seized) (be cakes of soap were packed in thers, Limited. Despite this the defendant vessal are hereby informed that their Goods Consignees of Cargo by the above-named wrappers and boxes identical to appearance Miki continued to manufacture the imitation, are being landed and placed at their risk in the with those used by the English firm. Defen- It was therefore impossible for him (lida) to Hongkong and Kowloon Whart and Godown daat packed and dressed his soap in the same comply with the request. At the beginning of Company's Godowns at Kowloon, where each way as genuine Capitol soap is packed, and February 1956 witness summoned the two demark, and delivery can be obtained as soon as Consignment will be sorted out mark. by within the period named sold 5,441 boxon of fendants to bis house and told them that they the Goods are landed. the soap to Tanaka Eitaro, No. 22 Shin-Mat- had already been warned against their action. INTERNATIONAL SLEEPING CAR suyamacho, Asakuss, Tokyo, also to a The defendant Sekiguchi asked Miki whether whose name and address are unknown, and be had been warned, and the latter denied hav. also to the defendanı Sekiguchi Shirokichi. He ing received such warning, though he thought furthermore sold to the defendant Sekiguchi that Iwata had come from Osaka and made during the period from April foth to October mention of the matter. 1906, 100 dozen of the cakes of soap unpacked.. (3) By the statement contained in the Trade- In this way the defendant Miki, with the intenmark Gases, No. 462, to the effect that the tion of pursuing this course uninterrupted for trade-mark used by Lever Brothers, Limited, the period named, infringed the registered for their soaps, which was cited in the judg. trade-mark belonging to the English firm. ment, was registered at the Patent Bureau on

September 21st, 1905.

(13) By the "Capitol " soaps and the trade-any case whatever, mark on their wrappers and boxer, which were used by the defendant Mikić..

and

EXPREES TRAINS Co...

(THE GREAT TRANS-SIBERIAN ROUTE

TO EUROPE.)

HAVING been appointed AGENTS for "the above Company, we shall he pleased to give any'lnformation as to ratu of

passage, &c., la connection with above.

SHEWAN, TOMES & CO,

Agents.

Hangkang, seat Tule room,

0. C. MOOSA,

1 & 9, D'AGUILAR STREET.

man

The facts cited above are borne out- (1) By the deposition before this Court of the defendant Miki, which is congruous with the facts of the cass quoted in the judgment, with the exception of the fact that he had full knowledge that the trade-mark used on the soap manufactured by him and the boxes and wrappers in which the soap was packed had been revistered with the Japanese authorities by Lever Brothers, Limited, Eng land, before April 1956, for the purpose of re- acrving exclusive use of their product termed "Capitol "soap.

In considering the law on this point, the Court ads that the action of the defendant Miki renders him liable under Clause 1 of Ar ticle 16 of the Trade-mark Law, No. 38 of 1899, and he is sentenced to pay a fine of Ytoo a mentioned,

The facts in the charge against the defendant Sekiguchi Shirokichi are that between Novem ber 1906 and January 1997, knowing that the (2) By the statements of witness Ota. Mast trade-mark used on the soaps called "Capitol", goro in the preliminary examination of this manufactured by Lever Bratbers, Limited, was case, as appearing in the infoutes of the pre-registered with the Japanese Government, he Jiminary examination, that he received, between manufactured, in conjunction with the defen. the roth March or April 1906 and January 1977, dont Miki, a quantity of soap, impressed it with orders from a man named Shimomura, lodging the same appellation and trade-mark, packed soap bought from the defendant Miki, the wrap- pers and boxes being identical in 'desiga with those used by Lever Brothers,. Limited, and further sold over 4,400 boxes to several persons between about Aprit 1976 and January 1907

at the house of the defendant Miki and is it in 2,472 boxes together with too dozen of the

| NOVELTIES OF THE SEASON, wife; for 4,260 soap-packing boxes, and sub.

Trimmed and Untrimmed HATS, RIBBONS, FLOWERS;

FEATHERS, &c., &c.

sequently received the purchase-money for them from the said Shimomura and the wife of the defendant, and also that the boxes (rsized) bad been manufactured at his house.

ས ་

(3) By the statements of witness Kitamura Kikujiro in the preliminary examination to the effect that in the middle of March 1906, a man pamed Kilamura, residing in the house of the LACE SCARFS, MOTOR VEILS defendant Miki, came to the house, of witness

IN

VARIOUS COLORS.

MOUSQUETEIRE GLOVES

WHITE, BLACK & COLORS.

WOOLEN DELAINES, NUNSVEIL INGS, VOILES, &c, &c.

LADIES' and CHILDREN'S

UNDERCLOTHINGS.

Samples on application. Port order's carefully executed.

Roa, kans, goth Saptamber, 100%;

FURNITURE WAREHOUSE,

Coas1

All these facts, with the exception that he hid knowledge of the registration by Lever Bra- thers, Liosited, of the trade-mark, have been substantiated by statements made by him in this Court. But the evidence is insufficient to prove beyond doubt that the defendant bad knowledge that the trade-mark in question was registered by Lever Brothers, Limited. The Court, therefore, has decided that the defend. at Bekiguchi Shirokichi shall be acquitted iq. accordance with Articles 236 and 24 of the Code of Criminal Procedure.

and, producing an imported soap requested him to make brass, moulds identical with the desiga, impressed on the soap in all details, with the exception of the lion and horse em bracing, which portion of the design was to be altered to a flower basket. The witness maug factured the moulds as ordéred in the latter part of March 1956, and delivered them to

Of the articles seized, those under the cate.. Shimomura; the mould's (seized), fifteen in gory of the first group, as belonging to defend number, had been manufactured by him (witants, are confiscated in accordance with the | nexs) and delivered..

first part. of Article 18 of the Trade-mark, Law, and those under the category of the second group, also belonging to defendants, must be destroyed in accordance with the second part of the same Article of the Trade-mark Law, al they are inseparable from the trade-mark, while those under the category of the third group, vot being liable to coufiscation, shall be returned to their respective owners.

(4) *By iba, statement of witness Kitano Choku in the preliminary examination, to the effect that towards the end of Fab ruary 1905 one Shimomura, living with the defendant Miki, came to his house with samples of imported soap-boxes and wrap. pers and ordered him to print 4,000 labels on 37 boxes and 13,00) wrappers with a design idea

tical with that on the samples in all details with the exception of the animals, which were to be changed into a flower basket. The order was executed. Subsequently, in the middle of September 1907, he received a further order for a similar number of labels and wrappers, and the bills were paid by Shimomurs and the de-

LI KWONG LOONG & CO.,

AKRE

CABINET-MAKERS AND ART DECORATORS, from Changhat, has re-opened their

FURNITURE STORE.

Af

fendant Miki. Witness added that the printed ́maller (saked) bad been printed by him,

The judgment is signed by Judge Shimada Tetsukichi, presiding Judge Mitsuda Kwenichi and Judge Miyagi Hyogoro,

OPIUM IN SIAM.

The Courier d'Haiphong, given the figuras

<

This vessel brings on Cargo

From London, &c., ex S.5. Victoria From Australia, e≈ 5.5. Moliacia. From Persian Gulf, ex B.I.S.N. and H.

'P, S.-N. Co.'s Steamers,

Optional Goods will be landed here unless instructions are given to the contrary betore 6 hours.

Goods not cleared by the 31st-lastant, 4 P.M., will be snijde to rent. *...*

No Fire Insurance will be effected by me is

Consignees.

NOTICE TO CONSIGNEES.

THE P.&O. S. N. Co's Steamer

"SUNDA,"

FROM ANTWERP, LONDON, MALTA, PORT SAID, SUEZ AND STRAITS,

Consignees of Cargo by the above-named being landed and placed at their risk in the vessel are hereby informed that their Goods are rongkong and Kowloon Wharf and Godown Company's Godowas at Kowloon, where each consigament will be sorted out Mark by Mark, and delivery can be obtained as soon as the Goods are landed.

Optional Goods will be landed here unless Instructions are given to the contrary before

6 hours:

Goode not cleared by the 18th inst., at 4 P.M., will be subject to rent

any case whatever,

Na Fire Insurance will be affected by me" la

Godowns for examination by the Consignee's Damaged Packages must be left in the and the Company's representative at an ap pointed hour.

al-All claims must be presented within lon days of the steamer's arrival here.after which date they cannot be recognised,

No claims will be admitted after the Goods have inft the Godowns.

E. A HEWETT,

Superlatendent.

#144

Damaged Packages must be left in the Godowns for examination by the Consignee's. and the Company's represcatative at au appointed hour.

days of the steamer's arrival here after which All Claims must be presented within ten data they cannot be recognised.

No Claims will be admitted after the Goods 'bayo lott zad Godowas,

E. A HEWITT,

Superintendent,

·Hongkong, 24th December, sonƐ,

*BEN" LINE OF STEAMERS.

NOTICE TO CONSIGNEES..

5.5. "BENVORLICH," FROM MIDDLESBRO, ANTWERP,

· LONDON AND STRAITS,

14.

informed that all Goods-art being landed ONSIGNEES of Cargo are hereby at their risk into the hazardous and/or extra haardous Godowns of the Hongkong and Kowloon Wharf and Godown Co., Ltd., whence andfos from the wharves, delivery may be obtained.

No Claims will be admitted after the Goods: ing undelivered after the 1st pro will be have left the Godowni, and all Goods remain subject to rent.

sented to the Undersigned on or before the All Claims against the Steamer must be pre- 7th prox., or they will not be recognized:

All brukes, chafed, and damaged Goods are to be left in the Godowns, where they will be. examined on the 31st inst., at 11 A.M.

Na Fire Insurance has been effected. Bill of Lading will be countersigned by

GIBE, LIVINGSTON & Co., Agents. Hongkong, 28th Decembar, 1008.

(13

NORDDEUTSCHER LLOYD, BREMEN,

IMPERIAL GERMAN MAIL LINE,

NOTICE TO CONSIGNEES..

THE Seamship

"PRINZ EITEL"FRIEDRICH,"

of the import of oplum into Siam for some years having anived, Consignees of Cargo are hereby back, and adds a sympathetic note on the informed that their Goods, with the exception No. 39, DES VEUX ROAD CENTRAL.

-(5) By the statement of Shimomura Keino efforts made to control the import of morphia, of Opium, Treasure and Valuables, are being The only Shop in Hongkong with this name.. suke in the preliminary examination to the ways-Opium is, in effect, a Government landed and stored at their risk into the basardons effect that he was in the employ of the defend-mozopoly, and the Government holds that the and/or extra hazardous Godowns of the Hong. WHERE HIGH-CLASS FURNITURE at Miki from October 14th, 1905, to the derivatives of opium are subject to the same kong and Kowloon Wharf and Godown Com

every description can be made to order in any design required.

present (March 26th, 1907) at a monthly | rules as opium itself, especially as regards their pany Limited, at Kowloon, and West Point Have been patrosbed by the Hongkong remuneration of Vio, on the understanding that importation by foreigners under the treaties. Godowas, whence delivery may be obtained. Club, Hongkong Hotel, Telegraph Co., he should receive to par cent of the act.profit On this point certain difficulties have arisen have left the Godowns, and all Goods remain. No Claims will be admitted after the 'Goods Meur, A. S. Watson & Co, Pirms and other landing Establishments in the Colony, to six months (Jaly and December),

on the soap business at the expiration of every

ing undelivered after the 6th of January, 1909, whom reference 'can be made to the

will be subject to rent, Superior Workmanship, and Materials of the Furniture, &c., supplied,

faction.".

-Messre, A. S. Watson & Co. Kildy write as | follows:-

We have pleasure in stating that Mr. L1 **KWONG LOONG furnished the Annare to our Dispensary and gave ne ovary satis (34) A. S. Watson & Co. | ORDERS panctually attended to, and CHARGES most migdarsta

INSPECTION ITED. Floori

(6) By the statement of witness Tanaka Eissboro in the preliminary examination to the 2013, 1908, he had purchased from the defend effect that between April 411, 1957, azid fanuary

ant Miki 1,112 boxes of soap called "Flower basket Capitol Soap" at 56 sen (?) per box; and that the fourteen boxes of soap (seized) were identical with those he had purchased from the defendant Mikiny

(*) "By the statement of the défendant Sekiguchi in this Court that he had poro soap from the defendant Miki dudug the period and at the place quoted in the

with foreigners who took up the importation of morphin The amount of this drug being brought into the country was increasing, mod undoubledly largely exceeded the requirement authorised the importation by certain die for medical purposes. The Government then

pensarios of good reputation and under certain conditions, viz, the fixing of a "ma amount and inspection of the books of sale. Morphin' pays a duty of 3 per cent, în fiam.

A little opium is grown in the north of Stam, and consumed by the cultivators. It in illegal to grow opium, bat the thing is, done on so populated a part of the country that the Gov- small a scala-and-fo"ko distant and thinly

| urnment has never justinedi

All broken, chafed, and damaged Goods are to be left in the Godowns, whem they will be examined on the 6th of January, at ġ 20 de klan

All Claims must reach us before the 10th of January, 1999, or they will not be recognised.

No Firs Insurance will be affected," Bills of Lading will be countersigned by the Undersigned.

· NORDDKUTSCHER LLOYD,

MELOHERS. §. Cam

* General Agents/ Hongkong, yoth December, 197

Hongkong, 11st Decembar, 1008.

"BARBER LINE OF STEAMERS.

,

NOTICE TO CONSIGNERS STEAMSHIP "SURUGA," FROM NEW YORK AND STRAITS. "ONSIGNEES of Cargoam hereby informed that all Goods are being landed at their risk into the Godowns of the Hongkong and Kowloon, Wharf and Godown Company, at Kowloon, whence and/or from the wharves delivery indy be obtained,

No Claims will be admitted after the Goods bave left the Godowns, and all Goods remain- ing undelivered after the.6th January will ba *subject to rent.

All Claims against the Steamer must be pre- Bented to the Undersigned on or before, the 30th January, or they will not be recognized. examined on the 6th January, at 3 P.X. to be left in the Godowns, where they' will be' All broken, chafed, and damaged Goods are

4

No Fire Insurance has been affected. Bill of Lading will be countersigned by

DODWELL & CO., LIMITED,

Agents,

Hongkong, 311 December, 1908. =

For Sale.

PABET BREWING COMPANY", MILWAUKEE,

FRESH SUPPLIES ALWAYI KEPT IN STOCK

BY

SIRMSSEN & Go

Agents for

HONGKONG & SOUTH CHINA. Hoogkang, 29th July, 1017:

THERAPION MAY NOW ALSO BE OBTAINED IN DRAGZITASTELESS) FORM. THE NEW FRENCH REMEDY

TRADE

THERAPION

MARK

This successful and highly, pojujar somody, used ta the Continental Hospitals by Kieri, Kostan, Jobert, Velpesu and others, combines all the desiderata to be sought – a medicine of the kind, and murpasses every» thing Estherts employed.

THERAPION No.1 ***

ably short time, often few days thấy, remsorga all dia. charges, electantly superseding, injections, the use of which does irreparable harms by laring ilin foundation of stricture and other serious dimases, Indysentery, Lesitation of the lawerbowel, cough, bronchitis, ast and some of the more trying complainte of this MORE, HE will be found astonishingly elicaciesa, afloring prompt ralia Wiwaother well-trial ramadin hava bampowe Peng

THERAPION NO.2

pudty

of blond, Acurry, piszła, upała, blotches, walls and ment

· Ung of Joints, secondary, symptoms, gout, thanmailom, mnă Mi disenses for which it haaboon Luc much a fashion: to employ marency, sarsaparilla, jo., to the distružilon” (Of Suñarsen Ranch and reis of haslih,. This proporation purtles tha whola aynan shrough this blood, and thos msair Fiziska AI FORSALMANc from the bosky..

THERAPION N1.3****

Ess

tion, pleams, and all distruing conséquesDIE DË dission, more, neerwack, sadly seene, Madame passosses auszuskog power, fa' restoring strength and ...d vigour to thom sudvang from Parenting indische oli

Song' residence in but, maknglthy climason, of

THERAPION

orderk

and observe abang Trade Markovics to demagolja wwċi "TABBANION' BAIE ADDEnru on Betties Government analises by order of Mia Mulatt'skiva Ermonintment-