1928-09-15 — Page 2

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THE HONGKONG TELEGRAPH,

"EVEREADY" BATTERY

CASE.

COMPLAINANT'S POWER QUERIED.

SATURDAY, SEPTEMBER 15, 1928.

DISASTER AVERTED,

MISSING FRENCH SEAPLANE

DISCOVERED AT SEA.

Paris, Sept. 14 Lieutenant Demouget's missing seaplane has been discovered In the sea to the south west of the Scilly Isles and taken" in tow. The pilot and his companions are

The remaining two cases in which the trade marks of the Na- tional Carbon Company are alleg ed to have been infringed were continued before Mr. W. Schofield at the Kowloon Magistracy yester-safe-Reuter. day."

In the morning Mr. Russ, on be- half of the Chung Wah Company, submitted that the complainants had no right to register their trade marks and that, by doing so, were monópolising the Englishdan guage.

Mr. Hin-shing Lo made several Bubmissions in the case against the Kwong Tung Co., contending that Mr Daniell, who prosecuted as the complainant, had no power to do so. His contention, however,

was overruled.

could not be registered as a trade mark unless such word or words were distinctive and application was made to the Governor in Coun- cil. In the case of the National Carbon Co., this was done and they had obtained a registration for the word "Eveready." It hand only become distinctive by being used by his clients for a long period.

Mr. Hugh Jones described the infringements as deliberate and definite. It was not necessary for the prosecution to prove deception. Prior to opening the defence All that was necessary to prove Mr. Russ submitted that he had was the possibility or probability

case to answer. The first | of deception.

no

your

ground on which he based his sub- His Wordship pointed out that mission was that the trade marks there were five charges to consider. which were the subject of the

Regarding the first charge ar- charges were trade marks that gument ensued as to what con should never have been registered. stituted the false description. Mr. Rusa argued that The batteries were stated to have words used for trade marks been made in China, Canion and should be distinctive and not in some instances C. T. which his descriptive of any

particular Worship and might stand for article to which they were applied. Chinese Territory. Any word which was registered Mr. Russ pointed out that the as a trade mark should be invent defendants were selling their bat ed. The complainants had noterics before the "Eveready" trude right to monopolise the English marks were registered. language. If they used a word which described their goods why His could not the defendants do the anme, although, they had not done

Mr. Russ: We certainly shall. so. If such a state of monopoly of the English language were

Three Charges Withdrawn. reached we would not be allowed to speak or write, added Mr. Russ. His Worship said that he did not Mr. Russ pointed dut that see what evidence there was to "Eveready" described what the support the first charge but Mr turches were. He explained that Hugh-Jones referred him to the His Wor- It was moant by this word that definition of forgery. they would not fall. If the com-ship replied that this was covered plainants could claim that their by charge three. He said that the batteries were ever ready why prosecution appeared to be making could not the defendants? asked for two penalties for the sunte Mr. Russ.

offence.

No Infringement.

Worship: Have clients objected to the registra lion of these trade-marks?

After further argument Mr. Hugh-Jonca withdrew the first charge.

It was contended by the defence that "Chung Wah" was not in any His Worship regarded, charges 2 an infringement of the and b in the same light and on "Eveready." Referring to the his suggestion both these were

way

FRENCH AIR FORCE.

NEW AIR MINISTER.

Paris, Sept. 14.

The Deputy, M. Laurenteynne, has been appointed Air Minister and Senator Cheron Minister of Commerce, both in succession to M. Bokanowski.

[As a sequel to the air disaster in which M. Bokanowski lost his life, the Government decided to ca tablish an Air Ministry, with a whole-timo politician in charge, for the purpose of completely re- organising the Air Service.]

else was copying and he thought he would do the same,

Ilis Worship said that in view of the battery bearing the label of

THE SPANISH PLOT,

ANNIVERSARY CELEBRATION IS NOT AFFECTED,

Madrid, Sept. 14. The Government regard the plot against the Directorato es quashed and the celebrations of the fifth anniversary of the Direc- torate are proceeding with the greatest enthusiasm.

Brilliant sunshine favoured the great procession of delegations and patriotic unions to the Royal The Lion and the Mouse Palace Square, where: General Primo de Rivera addrossed them."

The Dictator, speaking at a banquet given in his honour, thanked General Bazan, the Direc tor-General of Police for his zoal and skill in handling the trouble

The fable of the Hon and the mouse is familiar to all, how the little mouse saved the lion's life by nibbling away the meshes of tho, not in which he had been caught: It is in precisely the same way that Pinkettes work:

The Dictator aubsequently, at- the Japan firm, which was pro-tended a bullfight where he re-gently but surely these dainty duced, being found on the premises

the gat up was not common to the ceived an oration, Reuter. litla laxatives set sufferers, freo trade.

܂

Mr. Hugh-Jones applied for the imposition of the maximum ponal- ty, the confiscation of the seized goods and costs,

His Worship reserved his Judg. ment, Mr. Russ applying for a written decision as his Worship might be asked to state a case,

" "Not · Cricket." When the case of the Kwong Tung Company, was called in the afternoon, Mr. Hin-shing Lo, who defended, made strong comment on a letter, which had been sent to Messrs. Lyson and. Hall by Messrs. Wilkinson and Griat.

General .Prime de Rivera Airs Opinions.

Madrid, Sept. 24. The views of General Primo de Rivera on revolutions are aired in an article he has written in the Correspondencia Militar. Ho Bay that the fact of a Lieutenant-Gen- cral and several Generals breaking the bonds of discipline and being able to seize the reins of power in mained steady, not losing dis- 1923, while the officers and men re- cipline or respect for rank, was not merely surprising, it was un-

paralleled in the world's history.

"I do not know if the people are conspiring now, because there la Mr. Lo said that it was alleged nothing of the detective about me. In the lotter that the complainnat I did not conspire. I made spee was pinned down to a statement ches and wrote openly. The only which made an unfavourable im-way in which revolution can be pression,

Messrs, Wilkinson and Grist, the complainant's solicitors had writ ten a letter to Messrs. Lyson and Hall rectifying and retracting a statement made by the complata unt

no

than

justified is by the certainty in the minds of the whole nation that it cannot make things worse they were bafore. Let us carry on in the hope of greater prosperity for Spain and in the certainty that

we have done our duty."-Reuter.

and was prosecuting under his

own name.

Mr. Lo said that the letter was uncalled for and it was "cricket" to get, behind the court and counsel. If there had been

Mr. La(lo Witness): What any obscurity it was open to the defence to clear it up In re-ex amination. Mr. Lo said he ob-right have you got to give instruc- ected to the manner in which the tions to Mr. Hugh-Jones?

Mr. Hugh-Jones. interposed and letter was written.

said that that was a question of law which he could not expect

Mr, Hugh-Jones objected to Mr. La's remarks about the letter and said that he had written it as a friend.

colours Mr. Russ said that they also withdrawn. On charges 3 Mr. Lo said that he regarded the were to be found everywhere, on and 4 his Worship ruled that Mr.letter as an act of impropriety, and sweets; kerosene tins and other Russ had a distinct case to answer handed it to his Worship. things. On the "Chung Wah" batteries there was not a single word in big print which was the same as the printing on the "Eveready."

Mr. Russ then called Leung Yun-chan, managing partner of the Chung Wah Company of No. 189, Laichikok Road. Witness said that he had been in business for Coinmenting on the use of the five years at Laichikok Road. He words of "unit cell," Mr. Russ had never registered his trade claimed that there could not be marks, but had always used the de. anything objectionable in that un-signs which were produced in less the complainants desired them Court. to describe the cells as mone or aulo cells,

witness to answer.

Mr. Lo sald' that action could

only be brought by the company themselves or by the Police.

Answering further question, wit-

from constipation and torpid' liver, thus rescuing them from the sick headaches and other aliments that arise therefrom. Chomlata" oferywhere sell Pinkettes, or post free, 60 cents per vial, from the Dr. Williams Medicine Co., 60, Kinngée Road, Shanghai.

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ness said that he had no power of CASH OR EASY PAYMENTS attorney from the National Carbon

ARRANGED. Company.

King As Complainant.

Mr. Hugh-Jones said that there had been considerabio misunder- standing on the part of the com Mr. Lo submitted that if witness no power of attorney from plainant, who did not appreciate had

Carbon Company Home of Mr. Lo's questions which the National

or the prosecution had no саве. might have been statements

Mr. Lo recalled the first case which questions to witness.

His Worship after reading the his Worship decided. The mana- Jetter said ane paragraph was a ger appeared in that case but he Witness said that it was easy little unfortunately worded. It was not allowed to answar, the to differentiate

an might have been differently put.charge because he was not a part- between

heard ez. "Eveready" battery and a "Chung Mr. Lo then raised an objectionner, and the case was

parte. Wah" battery. When he had put to the charges as they stood, re his own batteries on the market marking that they were devoid of he had heard of the "Eveready." the legal particulara. It was not

His Worship. Of course I may Mr. Hugh-Jones ellcited from stated what the trade marks were witness that he also manufactured nor to whom they belonged. On point out that the King is the batteries with another trade mark the insuffetency of particulars complainant; in this case the King but denied that he had "West Mr. Lo asked for the charges to be by Mr. Dantell

Mr. Lo remarked that his Wor- minster" or "Washington" bat dismissód, Mr. Ruas described the conten-tories on his premiaea.

Mr. Hugh-Jones argued that the ship had no right to change Mr. objection was technical and did Daniell into a king, tion of the prosecution that the similarity of the colours constitut. ed an Infringement of their trade mark as ridiculous. He said that nobody in his sonses who wanted an "Eveready" battery could be pul off with a "Chung Wal" battery. The prosecution, said Mr. Russ, had extended the Act frightfully.

This was simply monopolising the conversation and, said B. Russ, was a scandalous attempt to deprive us of our words. The complainants even went further than that, They not only said that "you cannot put our worda on but you cannot put other words on."

Mr. Ruas submitted that it would put a damper on commerce in general if his Worship held that there was a epse to answer,

His Worship remarked that the "Eveready" trade marks had been

advertised in the Government Gazette and asked Mr. Hugh-Jones if any objections to their registru tion had been raised.

Mr. Hugh-Jones replied in the negative.

4.

"Eveready" Distinctive. Mr. Hugh-Jones replying to the remarks made by Mr. Rues agreed with the defending solicitor that a word descriptive of any goods

SALESMAN ŞAM

WHAT A "TUUGH BREAK FER ME) A HOLIDAY, AN'ME WITH A TOOTH- ACHE THAT'S GOT ME DIPPY!A GOTTA GO TO A PENTIST, QUICK!

HOOPLE'S JDOPADING

House

Other Infringements?

TSANG FOOK PIANO CO., Telephone C. 4848.

W

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ELECTRIC

attention to the previous ense but Reiss, Massey & Co., Ltd.

not effect the charges. He had His Worship: That is the form Mr. Hugh-Jones, Intimated that supplied Mr. Lo with certain de-of the summons. Every summons he was going to show that the de-talls before and Mr. Lo know what is in the name of the King.

Mr. Lo again drew his Worship's fendant not only infringed the trade marks they wore dealing "Eveready" trade marks but had with. infringed other trade marks as well and that he had not acted in all innocence in the present case.

Witness admitted using labels similar to those used on batteries which were made in Japan.

His Worship noted Mr. Lo's ob-his Worship replied that the King jection and said that ho would likoj did not appear as defendant in his time to consider it.

own Court. The King did not np. Mr., Daniell then went into the pear by the defendant in that witness box for Mr. Lo to complete case. his Cross-examination. Witness Mr. Lo: Is that your Worship's Mr. Hugh-Jones (exhibiting said that the "Eveready" trade ruling? "Eveready" battery):

His Worship: Yes.. the property of the Did you marks were know the "Eveready" batteries had National Carbon Company. labels of that colour?

Witness: I did not know the name. I knew the colours,

No. Power to Prosecute,

Witness said that ho received in

the company structions from whilst he was in Manila and pass Did these colours get on all youred these on to his solicitors. labels by accident? Yes.

colours? No.

And so you decided to copy these

His Worship: What do you mean by that actually 7-Everyone was using the same colours.

His Worship (to Mr. Hugh- Jones): In other words everybody

THEN 'YA RECOMMEND

·DOC MOLAR,

HOH?

Mr. Lo said that he was going to suggest that the witness had no power to act for the National Carbon Company.

Mr. Lo: That although he doesn't, hold a power of attorney ho can bring this case?

His Worship: Yes. He la cn- titled to come/as an informer with the King as the complainant.

Mr. Lor Will your Worship give an authority,

His Worship (handing Mr. Lo the summons): There's the au- thority,

Mr. Hugh Jones replied that After further questions the case Mr. Daniell laid the information was adjourned.

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