1921-10-19 — Page 3

NOTICE.

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September Shipment of

Victor

Records

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ESPECIALLY INDICATED IN THE TREATMENT Gf

PYORRHEA, CHRONIC ULCERATION

etc. etc.

COLONIAL DISPENSARY

Telephone No. 1877.

14. Queen's Road, Central.

DINNER SERVICES. TEA SETS

1608 11 PETANS

RUGS

CARPETS & TABLE COVERS

HOP CHEONG

Telephone No. 654.

Complete Hra Faraidheps 35. Queen's Road Central

THE HONGKONG TELEGRAPH. · WEDNESDAY, OCTOBER 19. 1921.

BALATA, HAIR

AND

SEWN COTTON

BELTING.

BETKEYT

ས

BEST

ENGLISH

OAK TANNED

LEATHER

LANE CRAWFORD & CO.

SCLE AGENTS FOR LINCOLN & BEN ETT

HATS

SOFT

FELTS

AND

VELOURS

IN NEW

SHAPES

AND

COLOURS

FOR

MEN

SMART BOWLERS

STRAW BOATERS

ACEAL

ANGLO-CHINESE ENGINEERS ASSOCIATION LD.

3. Queen's Buildings.

Telephone 673

REISS & CO.

(REISS BROS., LTD.)

A GERMAN TRADE.

MARK.

Show Room.

15, 18 Connaught Rå

nese firms in Hongkong were sell-Cock-pheasant mark in Hongkong ing aniline dyes to which was fix-for 14 years, from August 12th. jed an imitation of complainants" 1915. The application was grant- trade mark. So good was thejed. The antedating was due to Local Seizure of Dyes. imation that one could almost the fact that the registration ex- The hearing was resumed at the say it was a copy of the Cock-pired during the war. The ori- Magistracy yesterday, afternoon of pheasant trade mark which the ginal certificate was in Germany. a summons against the Yuen Wah Bad Anilir and Soda Fabrick¦At this stage witness produced a firm, 233 Queen's Road, Central, for Corporation had registered with true cops of the trade mark as infringement of the trade mark the Registrar of Trade Marks in registered in Hongkong. He join- of a German firm.

Hongkong. Mr. Riecken jastract-jed Jebsen and Company in 1900

Defendants were summoned for ed bis compradore to write letters and had been in charge of the dye having in their possession for sale to various Chinese firms in Hong-business in Hongkong. Jebsen or for paspores of trade tins of kong, including defendants, warn- and Company were the biggest blue shade dye to which a tradeing them that they could not con-idealers in dres in China, where mark closely resembling the reinne selling such dres. Defend their Cock-pheasant mark W25 gistered trade mark of the Bad, ants paid no attention to the well-known. They had been im- Anilin and Soda Fabrick Corpora-warning, with the result that Mr perting dyes of this mark since Hon. Germany, had been falsely Riecken consulted Messrs. Deacon, March 1920 and had been dealing applied.

Looker, Descoa and Harston. in them. They also sold dyes of Mr. M. H. Turner prosecuted on After enquiries had been made, a different marks. Mr. Riecken behalf of Messrs. Jebsen and Com- search was made of defendants' then related the circumstances pany, of the Fund, Canton, agents premises and a summons was which gave rise to the present for the Ba∙1. Anilin and Seda taken out against them. Mr. Tur-iproceedings. Fabrick Corporation. The Yzen her said Mr. d'Almada telephored Examined by Mr. Turner, Mr. Wah firm was represented by Str. to him that among his pleas was Riecken said the picture on the that of ignorance. Mr. Riecken's Yuen Wan firm's trade mark was

Le d'Almada.

SİNGLE AND DOLBLE TERAIS

TWEED

CAPS

LANE, CRAWFORD & Co.

JARDINE, MATHESON & Co., LTD.,

ENGINEERING DEPARTMENT, 14, PEDDER STREET. Telephones: 215 & 3351.

HONGKONG.

SOLE AGENTS FOR

W.&T. AVERY LTD,

W

REIGHT

N

AND

A

UNIVERSAL

Surx PLATFORM WAICHEL

Р

R

PLAIAEDUT.

Τ

TESTING MACHINERY.

STOCKS CARRIED.

Mr. Turner said the case had evidence would not be necessary practically identical with that on been brought by the complainants except to prove that the plea of the complainants. On defendants*| under Section 3 of the Merchandise ignorance could not be entertain- labels were the words "Yuen Wah Trade Marks Act, His Worship ed. as the Cock-pheasant mark on hop" whereas the words on the would remember that when the aniline dyes was well-known.

complainants' were "Made in Cer

summon-

first heard Mr. WAR

Mr. d'Almada:

The mark was designed The notice many." J'Almada raised several prelimin- gave to my friend was to the effect to misled people, especially Chi-, any points with regard to the sum that I raise any defence allowed:tse who, according to witness's mons, the chief of which was that by the Section under which de experience, recognised the picture complainants. being German fendant was summoned.

¡more than the words,

Cross-examined by Mr. d'Almada, firms,

entitled to Mr. Tomer said the ons

Mr. Riecken said at the outbreak kong. one of the. reasons could get a

certificate sharing his country he was in Hongkong in being that the Ordinance passed in that the Bad. Anilin and Soda charge of the aniline dyes departake YOURSELF Present 1918 prohibited Germans from Fabrick Corporation were the re-ment of Jebsen and Company, claiming the right. His Worship, gistered owners of the Cock-who were then still agents of the however, decided that the Treaty pheasant trade mark.

(Bad. Aalin and Soda Fabrick Cor-i

no: were

YOU CANNOT AFFORD TO BE WITHOUT THEM. protect their rizes in Hang-on defendant. Mr. Turner said he of war between Great Britain and

JUST received a large Consignment of (1) LACTOGEN the most digestive food for Infants which keeps good in quality during Ho: Weather; (2) LACTOSE (Milk Sugar) for sweatening the foods of Infants and Dyspeptics: (3) MILFORD-McGRATH FLUID INSECTICIDE the Best Fluid for destroying Fleas, Mosquitoes. Bugs, Flies and all other Insect Pests in Summer days; and (4) JOHN CAHILL'SGOLDEN FLEECE, MAGIC and CINDERELLA SOAPS for keeping everything clean in Houses.

PRICES are Very Moderate

cordially invited.

of Versailles having restored them The Magistrate said he would poration. the right, German firma, persons like to have definite evidence cn} Mr. d'Almada: I am sorry to ask er corporations who had complied this point and asked if the clerk of you. Were you interned here? with certain conditions and re-the Registrar could be called.

Witness: 1 was not interned.

Inspection and Enquiries acé, newed their trade marks in the Mr. Turner said that Mr.¡here.

Colony and had a permit issued by¦d'Almada had waived his demand You left the Colony?-1 left) the Colonial Secretary's Office for the production of the original Hongkong in November, 1914. were allowed to protect their tradejcertificate, which was in Germany. Did you leave Jebsen and Co.1 marks in Hongkong. This was Mr. d'Almada: l'agree that the -No. extremely important to his clients mark was registered in, the name and other German firms, because it of the complainants' firm. dispelled the impression, which Mr. Turner asked the Magis was undoubtedly common in China trate if an agreement between him rather. and Hongkong among the Chand Mr. d'Almada was not suffi

Icient.

SHIU FUNG TAI & CO. Sole Agents for Honggong and South China.

47 and 48 Connaught Road Central. Hongkook. Telephone No. 1239.

Asa

SOLE AGENT,

MARK

Pager Pe

DAI NIPPON BREWERY COMPANY CLISTED TOKYO, JAPAN „SPECIALLY BREWED FOR EXPORT

MITSUI BUSSAN KAISHA, LTD.,

HONGKONGL

пезе -

All German business in Hong- kong was taken over by the Gov-

the ernment?—By

liquidators

Since the declaration of war you! were not allowed to trade in

Mr. d'Almada interposed that The Magistrate said it might be Hongkong?—Yes. Mr. Turner should not have open-isufficient, but if the case was pro- I put it to you that up to the

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ed his case in this was unless he ceeded with and if such evidence present time you know perfectly THE SINCERE CO., LTD.

was going to prove that all Ger-was not on his depositions the well that you are not allowed to trade in Hongkong?—I say we are. or in-point might be raised.

man firms were directly

ikong.

Mr. Riecken: Certainly not. Mr. d'Almada then showed the,

'HOTOGRAPHIC DEPT.

directly interested in this case.) Mr. Turner said he felt a note Dyes are allowed to enter Hong- Mr. Turner was onir representing of the agreement on the deposi The Magistrate pointed out to ton in July last year and gave ence of the seizure of the dye Messrs. Jebsen and Company. tions would be quite strong. He Mr. d'Almada that the word trade them the sole agency for Southern on

Mr. Turner said his Worship's could get Mr. Riecken's evidence!

was rather sweeping and asked China in the sale of products of tins and bottles of dyes were dis- defendants premises. The decision should be made know that as well.

bim to be more definite in his the Bad. Anilin and Soda Fabrick played is complainants could protect their Mr. Julium Riecken, an em-

questions.Trade might be con-

the showcase. The interests.

ployee of Jebsen and Company, strued in many ways.

Corporation.

labels were found in a drawer. Continuing. Mr. Turner said his then gave evidence. He said his Mr. d'Almada: You can't carry omission of Hongkong in the would be worth while for the Mr. d'Aldada pointed out the The Magistrate suggested that it Worship's decision would dispel firm had been looking after the in-on business here? the impression among the Chinese terests of the Bad. Anilin and

power of attorney.

prosecution to call evidence show- that they could use German trade Soda Fabriek Corporation in Hong-

Mr. Turner admitted it.

ing that warnings had been - eir- marks without fear of proceedings kong and China since 1897, They witness a copy of the power of at-ported dyes into Hongkong. He firms to cease dealing in dyes with Mr. Riecken said he had not im-calated in Hongkong requesting against them because of the were the registered owners of the torney conferred to Jebsen and Co-made investigations in Canton the false trade mark inability of German frms to in-trade mark, commonly known as by the Bad. Anilia and Soda with regard to the sale of aniline stitute such proceedings...

the Cock-pheasant trade maik, in Fabrick Corporation. Mr. d'Alamda

Mr. Turner said the compradore Mr. d'Almada: I take it my respect of aniline dyes. The commented on the absence of several of his firm's marks had He was in Canton, but he could dyes there and discovered that of Jebsen and Co. wrote the letters. friend la going to prove that. mark was registered in 1887 by seal on the document

The facts leading up to the pre witness's principals. After the In reply to further questiona put sent proceedings, said Mr. Turner, war his firm applied, through by defendants" were that Mr. Blekcen, of Jebsen their solicitors, under the Versail. Riecken said the power of at ever and Co., heard that certain Chi-les Treaty, for the renewal, of the torner was sent to his firm in Can- Sergeant Fender then gave evid-jattend

been imitated.

He could not and send for him.

The case was adjourned antik Buy imitation of the Cock-pheasant solicitor, Mr.mark on dyes sold in Canton, how- Saturday morning to enable the compradore of Jebsen and Co. to