1935-11-15 — Page 12

12

SHOWING TO-DAY SIMULTANEOUSLY.

KING'S

2.

HONG KONG

ALHAMBRA

KOWLOON

Dally at 2.3,5,10, 7.15 8′ 9.30 p.m. Daily at 2.303, 0.10, 7.10 V 9,30 p.m.

Grandest Love Story of Them All!

A girl! A man! Fickle Fate decrees Para-. dise for only onel

This new picture with the star of "One Night of Love" takes its place among the greatest!

Grace

Modre

in her new picture LOVE ME FOREVER

with

LEO CARRILLO

MICHAEL BARTLETT - ROBERT ALLEN Screen play by ja Sweding and $idney_Buchman Directed by Victor Schertzinger

A COLUMBIA PICTURE

TAKE ANY TRAM OR HAPPY VALLEY BUB

* SHOWS

DAILY

1-10-14.00

THE HONGKONG

THE VOLUNTEERS

CORPS ORDERS FOR THE

COMING WEEK Hongkong Volunteer Defence Corps. orders by Lieut.-Colonel H. B. L. Dowaigali ODE, Commandant, Hong- kong Volunteer Defence Corps.

Thursday, Nov. 14.

1. General Appolitment-Major E. J. R. Mitchel, o.D., is appointed Acting Adjutant, I.K.V.D.C. with effect from November 14, 1935.

il Kirkpatrick Cup 1936. The Commandant congratulates the mem- bers of the Hongkong Volunteer Do- fence Corpa Syndicate which was composed as unler, in obtaining equal first place in the competition:

E. J. R. Mitchell, 0.5.E. Major Major H. Jarvis, M.C. Captain D., W. Mortlock

Captain T. Addis Martin

Lieut. C. de B. Robertson, M.M.

/Lieut. A. N. Braudie

A

2/Licut, R. M. Woud

L/Cpl. W. K, Robsinson

ORIENTALE

2

DAYS

TO-DAY & TO-MORROW.

ONLY

A killer amuck in a grand hotel... you'll thrill... you'll laugh.

you'll gasp and giggle at this gripping comedy-

drama.1

· THEY MATCHED WITS—AND LIPS

to solve your merriest murder!

A gentleman who preferred brunalies

and a blonde who gets her man— combine to give you? something new in _gay_exoltement!

One NEW YORK NIGHT

with

FRANCHOT TONE UNA MERKEL Conrad Nagel Harvey Stephens

PRICE: MATINBES, 20cle,, JOets., EVENINGS, 20cts., 30cts., 50cts, 70cta.

TO-DAY & MAJESTIC

TO-MORROW

At 2.30, 5.20,

1.20 & 9.20 p.m

A CHINESE PICTURE

with CANTONESE DIALOGUE

SUNDAY

"PUBLIC HERO NUMBER I”"

with

LIONEL BARRYMORE

CHESTER MORRIS

TO-DAY & TO-MORROW

at 2.30, 5.20, 7.30 & 9.30

I

CENTRAL

THEATRE

BORIS KARLOFF & BELLA LUGOSI

in

"THE RAVEN"

SUPER-UNIVERSAL-THRILLER

PRICES

Matineos: 20c., 302.) Evonings: 35c., 50c.

Serviceman: 30%

to Dross Circle.

There will be a meeting of this Syndicate at Volunteer Headquarters on Tuesday, November 10 at 530 pan. sharp.

2. Parade

Corps 1st Battery-Paraile at Volunteer leadquarters an Thursday, November 21, 1945 at 5.30 p.m. Dress:-Overalls, Blue Chips.

O Gon-Drill Hand Booit. Further coples have now been received and may be obtained from the B.Q.M.S. on applicationgineers.- Parade

li.

nt

Miniature Range on Monday, Novem- ber 18, 1985 at 5.30 p.m.

TELEGRAPH. FRIDAY, NOVEMBER 15, 1935.

TRADE MARKS APPEAL

ALLOWED BY

COURT

The Full Court of Appeal rester. day held that the Sino-Gorman Dispensary had a case to answer in the summons brought by the United States Drug Store against them for alleged infringement of

trade mark.

KING'S RETURN

GEORGE OF GREECE LEAVES

·LONDON FOR ATHENS

London, Nov. 14.

The King of the Hellenes loft London this morning for Parls, the Prince of Wales, the Duke and Duchess of York and the Duke and of Kent being on the Duchess station to bid him farewell.

He will make a two days" ́ stay in Paris before continuing his journey Florence and Rome, where he will be received by the Wednesday. King of Italy next He is due to leave Brindise on Friday in a Greek cruiser, arriving in Greece on the following Sun-

When the summous was original- I brought before Mr. Q. A. A. Macfadyen

at the Central Magistracy, the magistrate dia- missed the summons, holding that no prima facie "case had been day.-British Wireless, made out.

Mr.: Eldon Potter, K.C., instructed. by the Hon. Mr. M. K. Lo, appeared for the appellants, the United States Drug Store; at Afr. Hin-shing Lo, by Mr. J. M. Hall, was for the релвагу.

Thanks to England

instructcut the Sino-German Dishia return to the

Giving Judgment yesterday, the Chief Justice, Sir Atholl Mucliregov, said:

London, Nov. 14. There was a great send off by the crowd to the Greek King on throne after eleven years of exile.

The Prince of Wales, the Duke of York and the Duke of Kent said him at Victoria farewell Station. There were also present, Sir Samuel Hoare, the French and Belgium Ambassadors, two black robed personages of the Greek Church and other distinguished: persons.

10

In this

the complainant appellant instituted proceedings by the defendant mon

against respondent for that he lid sell goods, to which a mark namely medicine so nearly resembling a trade mark n to be calculated to deceive was to the falsely applied contrary

The train left amid cheers and provisions of the Merchandise Marks cries of rire and other national Ordinance, 1890.

The King

At the stone of the complainants calls from the Greeks. case the magistrate adopted a sub-† gave a message to Reuter thank- Friday, 22.11.36Week-end tuin- Ing nt

Stonecutters. Launch will mission inade by learned counsel foring the British people for their leave Queen's Pier at 6p.m. nd the defendant, and held that on the hospitality during his exile.----

evidence there was no case to answer. | Reuter, Police Pier, Kowloon, at 6.10 p.

therefors discharged the de

en

leave to

also

the of part

Dress: Tunic. Slacks, Cap. Belt,fendant, but granted the appellant Braces, Rifle and Bayonet. Extra baggage should treat Headquaters by mum on Friday. Company shoot will take place on Sunday.

There will be no parade on Thurs. day, November 21, 1935.

"It. Corps Signals Proceed to

Camp

at Fanling on Friday, Novem- ber

15, 1935 in accordance with in- structions already Issurd.

There will be a parade at Volunteer Herquarters on Tuesday, November 19, 1935 at 6.30

Black

1. (15,

defendnut WILH

347)

appent on fuel stated a case for the determination essential ingredient and that he w of this Court.

without calling upon the defendant The material facts as found by the entitled to dismiss the information magistrale can be stated very shortly because he was satisfied that there The appellant is the registered pro-was no intention to defraud or de- prietor of a trade mark for medielne, which mark consists of three Chinese characters, under which in English appears the word SEN- lettering KESIN.

Illiterate Purchaser

ceive.

the I propose to dent first with accond point.

The law is stated in a nutshell la 27 Halsbury p. 712. "Whether the mark

ark used by the defendant as iv. Armoured Car Section-Section

Imitation of the plaintiff's rack is will proceed to Camp on Saturday, On June 3, 1935 an illiterate woman of course a pure question of fact, to former 16, 1985, Parare at Volun- visited the shop of the November

defendant and therefore reference teer Headquarters at 7.45 nm. sharp, ending to purchase a packet of decisions is usually of little value. Dresveralls, R. T. C. Cap Senkesin, but in fact purchased a The one question to be decided is

Web Heit, Haversack

whether or not the registered

Mark and Water Bottle (filled). Remainder packet of another patent medicine

which bore a

mark of uniform must be brought.

consisting of three has been imitated. If it has been, v. Motor Machine Gun Section.Chinese characters and the English the fact that the get-up is otherwise entirely different is no defence, and The following will parade at Volun-letters-SINKILIN.

if it has not been, similarity in other teer Hendimiters on Friday, Novem-

will not help the plaintif. ber 15, 1986 at b. p.m.

respects will Nevertheless,

in doubtful cases the does consider court

whether, addition to there being similarity in 72-563; Pic. H. F. Stells chased differs widely from the

Pt. A. L. Fisher-8; Ple. F. W. up" of the packet in which the mark, a similar get-up has also Winyard--577.

marketed. been adopted with a view to Increasing registered preparation is

also evidence that the probability of confusion." Remainder parade at Jorden Road, There Wax

6.30 p.,

registration of Sinkilin as a trade Kowloon, at 60 Caps, Jacket, mark had been crfused by the Regis Breeches, Puttees, Boot, Bult, Haver- sack, Waterbottle, Holsters, Great Cout (rolled) Helmet (slung), Shorts and Hosetups will be required in Camp

of this

The first twn characters Imark are identical with the first two Pte. F. 11, Neal 71; Ple. K. Craw-in the registered trade mark. The ford---166; Pte. P. F. White-576; Pte. general "get up" of the packet

C.

irar.

to

part

121

of the

A Misdirection

"Get

110 up" is registered trade mark. It con be changed at will and the magistrate in finding as he did on this point has in our judgment misdirected himself.

As regards the first point we are!

that the word murks which of opi we

to corsitter are so similar

QUEENS

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Overture

TO-DAY ONLY.

Spanish America

Beau Bosko What, No Men?

Selection Travelogue Cartoon

Colour Comedy

Jackie Cooper

in

"DINKY”

with MARY ASTOR, ROGER PRYOR

TO-MORROW "EVERY NIGHT AT EIGHT”

with

ALICE FAY, GEORGE RAFT, PATSY KELLY

STARE

SHOWING TO-DAY

at 2.30, 5.20, 7,20 & 9.20 p,m.

GENE STRATTON-PORTER'S IMMORTAL NOVEL NOW TRANSLATED TO THE SCREEN!

BY

STRATION-PORTERS

GENE

The relevant provisions of the Ordinance of 1890 are as follows:

3 (2). Every person who sells, or exposes for, or has in his possession for, sale or any purpose of trade or manufacture, any goods or things which any forged trade mark or false trade description is applied, or ns to entitle the complainant to sue- SPECIAL REQUEST to which any trade mark or mark so coed if he had taken civil nearly resembling

infringe a trade mark as nga

of the three -Chinese

fi No. Company will attend the to be calculated to deceive is falsely the defendant for 204 Camp and alt ranks are asked applied, as the case may be,, shall che

in each characters

mark the two first Bad identical, are

the sound of the)

Wednesday, Novembar 20, 1935-- Care and Malatenance of machines.

vl. No. 4 (M.G.) Company. The Company will paride in Uniform at Volunteer Headquarters on Monday, November 8, at

at .45 31.1.

Dress:-Fighting Order,

Friday, November 22, 1935,

unless he

proves-

action

to make every endeavour to proceed (a) that, having taken all reason- last differs only in the initial con- to Fanling by the 5.10. train enable precautions against committlug souant "Sin" in one case unintent an offence against this Ordinance, in the other. The English equivalent

had, at the time of the mission of the alleged offence,

he

at

vil, Corps Infantry.--Parade Tues- day, November 19, at 6.30 p.m. Volunteer Headquarters, Detalls will be found in the Appendix.

Promotions.Corporal C. G. Sliva, Corps Infantry Headquarters, to be Lance Sergeant us from 14th instant. Lance Corporal L. G. Pinna, No. 10 Platoon, to be Corporal as from 14th instant.

APPENDIX

"A" (Rifle) Company,

All Categories.

Location, Lecturs Room. Lecture-Camp and Gen- eral Talk on Discipline etc. "B". (A.A.L.A.) Company Clasa 1?

....Headquarters. Lewis Gun Anti-Aircraft Training Continug from stage - roached last week,

Class 2, .............. Headquarters,

Lewis Gun-Stripping and Assembling and continue to Elementary Machanism.

com-

110

reason to suspect the genuineness of has different initial con-Į

..

A true blue story..filmed

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LADDIE

With

-JOHNBEAL, GLORIA:

STUART, Virginia Weidler. Directed by George StavENT. Pandro 3. Derman Production RKO Radio Pictura

The great American heart-tug

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RKO RADIO PICTURE

NEXT CHANGE

ROBERTA

BY

SPECIAL REQUEST

SUNDAY, ONE DAY ONLY

UNITY PROSPECTS

MORE S.-W. ENVOYS FOR. FIFTH CONGRESS

| yesterday limiting the Presidium to fifteen persons twenty three wire elected this morning to serve as the Presidium..

་

The Chairman of the Kwolchow Canton, Nov. 14.

Government dr. Wu Chúng sản General Li Chung-yen (Com-was elected chairman and the. mander-in-chief of the Kwangsi

only in two respects, the last, of sonant, and The vowels in the two the trade mark, mark, ՈՐ trade flest syllables are different, this latter description; and (b) that, on demand being caused merely by an arbitrary made by or on behalf of the pro- divergence In the transliteration of sccutor, he gave all the information the same Chinese characters. to the in his power with respect

Turning now to the third point it forces) who is the centre of poll- Chairman of Klangau, Mr. Chen persons from whom he obtained such seems to be clear that the magistrate tical interest owing to the conflict-Kuo-fu, wore among the four por goods or things; or (c) that other was influenced by the considerationing reports regarding the Kwang-sons added to the list of nineteen wise he acted innocently, be guilty of that these proceedings were criminals attitude, flew to Kwangal yes-nominated by the Central Execu

interday. It is understood that ho tive Committee. an offence.

in their nature. The complainant 6 (4)

A person shall be denied fact was seeking the protection which may fly to Nanking after a con- to falsely apply to goods a trade mark, or mark who, without the assent of the proprietor of a trade mark, applies such trade mark or a nurk so nearly resembling, it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the proprietor still lie on the defemlant. The Ordinance Two other provisions

may

is statutorily accorded to him, and sultation with General Pei Chung- Before the adjournment at noon the fact that the remedy is penal hai (the second in command of the the Congress sent two delegates to does not mean that a complaint Kwangsi army) in Nanning, thero- cannot succeed unless the defendant

on the

and

and then

visit Mr. Wang Ching-wel at the Central Hospital ́expressing warm

hopes for his early recovery,

The first regular session of Con-

is proved to have had a guilty mind. fore bringing Kwanger within the

Several statements both in the scope of national unity. judgment and in the case stated show General Li Chung-yon is expect. burden of proving the assent of the decision proceeded magistrate's ed to return to Canten to-morrow

conclusively that the

assumption that the forgery

to proceed by air.to greas will be held at 9 a.m. to- falsity to which the relevant sections Nanking on Saturday in the com-morrow-Reuter. refer necessarily connoted the pany of Mr. Lin Yi-chung, another

Hirino Fu-chen's Appeal rexistence of mens rea and intent to prominent Cantonese member of veniently be cited at this point, for defraud or deceive. From the pro- the Central Executive Committee No. 1681, L/Cpl. R. M. Pearce, reasons which will be apparent in the visions of the statute which have been of the Kuomintang and Canton's

Canton, Nov. 14. 2. (1) (1) "Trade mark" means nairo

already cited it is clear that this Commissioner for. Civil Affairs. Commenting on his telegram to trade mark registered in the Register defines what it means by forging a not Ho. The Ordinance explicitly

Nanking. the text of which was 4. Air Arm-Ground Training of Trade Marks kept under any

It is persistently reported here published yesterday, Mr. Hsiao Ordinance; and (4) A person shall be mark or falsely applying a mark and that Mr. Hu Han-min, who is now [Fu-chen stated that he sent the deemed to forge a trade mark who proceedings under the Ordinance in Europe, may shortly return to mesange in his capacity as a mem either:

these words and phrases must

China to head the Executive Yuan. ber of the Central Supervisory

3. Transfer

M.M.G. Section, is transferred in M.M.G. Unit Reserve with effect from November 8, 1936.

A lecture will be given at Volunteer Headquarters on Thursday, November 21, 1986 at 5.30 p.m.

5. Struck Off Strength Left tho G. R. M. Ricketts, Air Arm, as from October 10, 1936.

course of this Judgment.

Without the assent Kotone Sight Cadet proprietor of the trade mark, makes

of the given that restricted meaning and no Prior to his return Mr. Chow Lu Counell in the hope that his fellow

Singh,

6. Strength 2498, Signaller, Gurbax Corps Signals, 12.11.35.

2400, Signaller, Naringan Singh, Corps Signals, 12.11.35.

2600, Signaller, Awtar Singh, Corps Signals, 12.11.36.

2501, Signaller, Samat Singh, Corps Signala, 12.11.35.

(d.) P. S. M. WILKINSON,

CAPTAIN, Adjutant, H.K.V.D. Corps.

AFFILIATED UNITS

Nursing Detachment, H.K.V.D. Corps The sixth lecturo in Home Nursing at P.W.D. Omces at 5.30 p.m. Monday, November 18, 1935,

Head Storeman, H.K.V.DC. will arrange for beds and linen etc.

the de-

other.

.

will probably be acting for him at members at Nanking could exert the Executive Yuan.

their influence to bring about In-

and solve ternal solidarity

the national crisis.

He emphasised that only sincere pulty could save the country from downfall.-Reuter.

The prospects of national sull- thedarity and determination to resist intho Japanese Invasion have greatly atimulated patriotic feeling in this aron.-Router.

►

Congress Business

Nanking, Nov. 14. In accordance with the decision

Leaving at Once

According

to

Nanking, Nov. 14.

Chinese re-

that trade mark or a mark so nearly Definition of Trade Mark resembling that trade mark as to be calenlated to deceive; or (2) falsifics

Learned counsel for the respondent any genuine trade mark, whether by has confined his argument to alteration, addition, effacement,

or contention that the word Sonkesin otherwise; and

any trade mark or and the appropriate Chinese char. mark so made or falsified is in this aetera are not invented words but Ordinance referred to as

words of ordinary a forged

menning. From trade mark; Pravided that, in any that contention he proc to tho

proceeds prosecution for forging a trade mark, submission that

word the

murk the burden of proving the assent of should never have been registered. the proprieter shall lie on

However interesting, and possibly fendant.

successful such a contention might The magistrale has stated his case have been had these proceedings reached at the second preparatory ports Mr. Hu Han-min is duo at considerable length and with taken another forin, it is not tenable meeting of the Kuomintang Con- Marseilles about November 15 and obvious care, but a caroful perusal on this appeal by reason of the gress this morning the Congress is likely to embark immediately the caso stated and of the definition of "trado mark" in the Or- secretariat despatched a telegram for China, arriving some time next Judgment of the magistrate in the dinance which we have already quoted. at 1 p.m. urging Mr. Hu Han-min month.-Router. court below makes it clear that the In our opinion the magistrate came and Mr. Wang Chung-hul to re-. magistrate based the conclusion to to a wrong conclusion in law and in turn to China as soon as possible which he grounds.

on three broad fact. There appears clearly to be a and participate in the deliberations

The half-yearly general meeting of prima facie caso made

the Hongkong Branch of the KE, The Grounds

the defendant respondent, and on national affairs.

Wo

O.C.A. will be held in the main dining (1) He found as a fact that the therefore propose here and now to

The telegram was sent to the hall at Wellington Barracks on Thurs alleged Infringing mark was not call upon him to make his defence Chinese Legation in Paris, which day, November 28, commencing at 6 sufficiently similar to the registered justification or excuse as under the

and to

to adduce such matters was asked to convoy coples to the ex-R.E., and members of the Engi

p.m. All members of the Corps, mark to be calculated to deceive; ·

(2) In so finding bo

took into Ordinance may absolve him from this persons addressed.

neer Section H.K.V.D.C. are request-" Despite the decision reached led to attend.. penalties therein provided. epnsideration not only the appearance

Whatever may ba, the event the "got up" of the packets:

of

an

›

(sd.) M. M. MELLON, -Acting Commandant, Nursing Detachment, H.K.V.D.C.

camo

...

out

Two cares of Typhoid were report and sound of the two marks but the respondent must pay to the appellant i

ed to the local benith authorities on Wednesday:

(8) He held that in proceedings the costs of this appeal. under the Ordinance mens rea on the

Printed and Published for the Proprietors by FREDERICK PEROY

Mr. Justice Lindsell concurred. FRANKLIN,-at-1 and -8, Wyndham Street in the City of Victoria

Hongkong...