1938-01-20 — Page 5

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THURSDAY, JANUARY 20, 1938.

TELEGRAPH.

TRADE

MARK

CASE

Judgment Reserved In Bicycle Summons JAPANESE EVIDENCE

.

At the Central Magistracy yes- terday Mr. Edwards reserved judg- ment until to-day in the summons against the Shun” Hing Bicycle Com- pany, of Johnaton Road, for posses- sion of bicycles bearing a trade-mark calculated 10-

to deceive.

The summons was brought by A. J. Rapils, of the British Bleyele Com- pany, Hennessy Road, agents

for B.SA. He was represented by Mr. G. S. Hugh-Jones and Mr. M. A. da Silva appeared for Wong Sul-kee, manager of Shun Hing.

had

Defendants were alleged to have manufactured in Japan, the mark S.S.B., which,

And

the alleged, was an in-

fringement of

of the B.SA, mark.

K. Takashima, assistant manager of the Tai Fook Trading Co., of Dea Voeux Road Central, said his firm had been doing business with Shun Hing for some time, and had sold them blcycles bearing the S.S.D. mark. These were manufactured in Japan, and the Tal Fool Trading Company were the agents in Hong- kong

Ten cases of S.S.B. bicycles arriv ed in Hongkong on May 16, and were delivered to Shun Hing on July 18. On July 28, a letter of complaint was received from Shun Hing, and Tal Fook communicated with the manu- Yacturers in Japan but no reply was received.

DID NOT KNOW B.Ś.A. Cross-examined by Mr. Hugh Jones, Takashima said his firm had been importing S.S.B, bicycles for over three years, but he was not familar with the B.S.A. mark. It was not unusual for his firm to be asked to take back goods, he said,

CHRONIC STOMACH PAINS

**Husband would not be allyn ngw'

A

All men and women who suffer with their stomachs will sympathise with the plight of Mr. P. Everyone addicted by stoniach troubia can take new heart from the remarkable recovery which bis,wife gratefully robards. Here are extracti from her lettere :-

"Soven years ago my husband had a very serious illness with gastric ulcer on the bowels, which rendered him unable to work for 12 months, and after he resumed work, he suffered with chronic stomach pains. After trying other remedies, I tried Maclean Brand Stomach Powder, and the result has been wonderful.. If it had not been for Maclean Brand Stomach Powder my husband would not be alive now, as it is he is well and strong, and for that I am so thankful."*

This is no isolated example of quick and almost miraculous relief of "stomach trouble by MACLEAN BRAND Stomach Powder. Tens of thousands of stomach, sufferers from those who have experienced Indigestion pains after meals to those who have been in the tails of gastric or duodenal ulcer-kave had came to bless the day they first began to use this remarkable remedy.

But if you want to make sure your pain stops quickly, surely and safely, be certala you get the original Maclean Brand Stomach Powder. Look for the signature,

'ALEX, C. MACLEAN on the bottle and cortos, Genuine Macican Brand Stomach Powder is sold only in bottles in cartoner Never sold loose. Powder at Tablets.

Wife Alleges Persistent.

Cruelty

A

J. Gutierrez, 40, described as Journalist, of Nathan Road, Kowloon, was yesterday summated by his wife before Mr. H. R. Butters at the Kowloon Magistracy for having persistently treated her cruelly be tween February 1 Inst year January 9 9 this year.

was not present, but was

and

and agreed that the only reason them by his solicitor Mr. H. N.

bicycles were returned was because machines manufactured In Japan could not be sold owing to the hos tilities.

Chau, who, in asking for a fortnight's. adjournment, mentioned the indis- position of his client. The adjourn- ment was granted,

Although not prosecuting, Detective M.Sub-Inspector R. Cunningham, of Yaumati Police Station, spoke fór Mrs. Gutierrez, who was in Court.

Asked to translate the letter writ- ten to the manufacturers, Dr. Itoh, Interpreter, said the letter read: "I have received a letter from the buyer regarding the S.S.B. mark, as the trade-mark of the B.S.A. has al- ready been registered. I fear that the S.S.B. mark will be regarded as being almost similar, and therefore

GUEST FALL OVERBOARD

an infringement of the mark. Al- FROM SAMPAN

thought

think it is impossible for

you to take back the bicycles, I hope AFTER MARRIAGE FEAST

you will consider the matter for the sake of the buyer."

A verdict of accidental death was Yu Ping-keung, articled clerk in returned

nt the Central Magis-, Wilkinson and Grist, was recalled by tracy inquiry yesterday into the death Mr. Hugh-Jones to give evidence in of Cheung Tung, 25, boatman, whose rebuttal. Yu sald he went to Shun body was found off North Point, on Hing on December 11 and tried to December 27. Mr. Forrest sat as purchase a bicycle with the 5.S.B. Coroner and the jury comprised mark, but there was no bleycle of Messrs. F. A. Broadbridge, (fore- that make in the shop. He naked aman), G. M. Xavier and C. J. M. fok! If he had any to chaung kim Pereira.

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(S.S.B.) bleycles for sale, and the Inspector Wright conducted the TRAVEL BY THE PALATIAL WORLD CRUISING foki replied he had them in the go-case for the police.

down,

Yu Sang,

40, boatman, said on Yu said he asked for a sample. December 14 Cheung attended a and the foki replied it was the same marriage feast in Lycmun village. as the sheung cheung type. The The next day said Yu, he and Low foki, on being asked, said the price Kin, started to row to Lyemun from was $23. He agreed to sell him a Shaukiwan about 0 p.m., and when bicycle at first, and went to the in midstream heard cries of "Save counter where he went over his

life." They saw a sampan, and a books, but on returning. sald

man Lo Cheung in A half-dazed could not sell him one machine, as condition. He told them that Cheung it was inconvenient to do so, the had fallen overboard.

1 Chan Tal, 35,

Bald cases In the godown being, at the bot- tom of a stack of other goods, and Cheung had had only a few drinks he would rather sell a whole case at the party. He was happy when

he left.

Instead,

TOLD THE TRUTH'

woman,

Mr. John Russell will spent on Mr. Silva put it to Yu that it was "Understanding, the Bridge between not true that the toki said it was in- Races, Nations, Faiths," at the lodge convenient to sell one machine, but

room of the local Theosophical Society Yu maintained that what he said was 13 Chater Road, at 6 p.m. to-day. true.

This lecture is the last but one in the Campaign for Understanding which the Theopopliteal Society is carrying out throughout the world..

Mr. Silva said the defence was that defendant did not have the S.S.B. bicycles on December 16 for the purposes of sole, trade or manufac- ture. When he discovered that the B.S.A. mark was registered, he im- mediately gave orders for the S.S.B. blcycles to be repacked, with In- structions that they were not to be Rold. Besides these machines, he

also had other bicycles of Japanese make in the shop. That, Mr. Silva contended, clearly established that the question of inability to sell Japanese blcycles did not orice at the Line, when the sales were stopped.

be- The sales were stopped only caure defendant discovered that the B.S.A. mark was registered.

Mr. Hugh-Jenes pointed out that defendant had not chosen to set up a defence of innocence, which, if he had, might have succeeded. Defen- dant may have been trying to get rid of the bicycles, but he had the blcycles in his possession for the pur- poses of sale or trade on December 10. That was the only reason why the bicycles had gone to defendant.

At Evensong, which will be sung in St. John's Catherdal to-day, January 20, at 8.45 p.m., the service setting will be Stanford in C, and the anthem "And the ransomed of the Lord", from "The Wilderness," Goga.

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