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TANJONG PAGAR DOCK CO.
The half-yearly ordinary meeeing of the Tanjong Pagar Dock Company was held at the town office, Collyer Quay, Singapore, on the 17th inst. at noon. The directors report for the half-year ended June 30th last notes that: -
The net mount for the half-year available for distribation, after writing of $30,000, standing as an asset under the head of Bon Accord Dock, and including the sum of $201,308.26, brought forward from last account, is $721,00).
The directors recommend the following dis- position: $150,000 to be added to reserve for wharf extensions and developments, thus raising this special fund to $750,000; $15,000 to be added to the Insurance Fund of tugs, barges, lighters, launches, etc.; $50,000 to reserve for Prye River Dock improvements and develop- ments; $10,00) as bonus to the European employes of the Company; dividend for the half-year of $6 per share, with an added bonus of $1 per share.
The adoption of these recommendatio. s will leave a balance of $237,000, which is is suggested to carry forward.
$
The total amount of the debenture issue is $1,365,500. The fifteenth issue of debentures amounting to $69,500, which fell due on 10th April, 1902, has been pail off.
A scheme for the development of the eastern section of the Company's property was decided on in March of this year at an estimated cost of $1,000,000 and work upon this is in progress. The estimated period of completion is about two years.
Since last half-yearly meeting, the following changes on the Board have taken place: Messrs. C. A. Rauch and C. W. Laird resigned and Messrs: Paul Haffter and D. K. Somer- ville elected. Your directors regret to have to record the death, on 10th April last, of Mr. George Rutherford, managing director of the Company.
They have also to express their great grief at the death, on 28th June last, at Brechir, of Mr. Thomas Scott, who for many years closely watched over the interests and successfully guided the course of this Company.
SUPREME COURT.
Friday, 12th September.
IN SUMMARY JURISDICTION.
BEFORE HIS HON UR A. G. WISE (PUISNE JIDGE).
C. T. KEW. v. A ON,
In this case Chadwick T. Kew, deutal surgeon, 29, Queen'sEoad Central, sued A Ou. photographer, who carried on business on the second floor of the same house, for the sum of $125, being damages caused to the plaintiff through the alle, ed defau t of the defendant in wrongfully opening a window in the wall and roof of the aid premises whereby certain furniture and other articles belonging to the plaintiff were damaged, and for certain expenses incurred by the plaintiff in connection there. with. The case was heard on the 4th inst. After hearing evidence, his Lordship reserved judgment. Mr. P. W. Goldring, of Messrs. Deacon and Hastings, solicitors, appeared for the plaintiff, and Mr. F. X. d'Almada e Castro, solicitor, for the defendant.
In his evidence plaintiff deposed that during the recent rains he had on many pccasions sent messages up to the defendant's studio complaining of the water coming in to his surgery. During the typhoon of 2nd August last, water came in to such an extent that nearly all his furniture was damaged. The defendant deposed that the damage to his studio was caused by the typhoon, and he relied on two defences (1) that the damages were caused by the typhoon and therefore were done by the act of God," and (2) that the landlord was liable for the damages, as in the plaintiff's agreement for lease with the landlord it was "that the landlord shall stipulated, inter alia, keep the roofs in a water-tight condition
His Lordship in giving judgment said it was clear, in his opinion, that the defendant could not succeed in his defence, as, in that case such
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(September 22, 1902
THE HONGKONG WEEKLY PRESS AND
defences would constantly be raised in actions another firm, the Raedecker Company, were for damages caused by typhoons during the using almost similar characters, pronounced summer months, and he was of opinion that the Yee-nah. They learned that only two or three damages were not caused by the act of Ged." | days ago. Even presuming that they had a The defendant should bave kept bis studio in right to use the word Yee-nah, i could pot be order to as to avoid damages by typhoons. Re-suggested that the defendants had a right to garding the second defence, his Ldship said use Yee nuh in the plaintiffs' trade-marks. He that in this case it was not the landlord's duty asked Lis Lordship to restrain the defendants to keep the glass panes in defendant's studio in from selling watches made up and marked with proper repair, so that that defence also fell to a mark in imitation of p'aintiffs'. n mely, a the ground. He therefore gave judgment for circular fancy border which enabled their the plaintiff for the full amount claimed, with customers to complete the forgery and produce costs.
an exact imitation of the Po-wai watches; also from using this colourable imitation of the scalloped circular border in which the characters Ye nah were contained.
The Court adjourned.
Wednesday, 17th September.
IN ORIGINAL JURISDICTION,
BI FOR HIS HONOUR W. MEIGR Goodman (CHIEF JUSTICE).
LEUBA FRERES 2. J. ULLMANN AND CO.
This was a motion for an interim injunction to restrain the defendants from infringing the plaintiffs' trade-marks and from using devices which would pass off their watches as being the plaintiffs. Mr. M. W. Slade, barrister-at-law liustructed by Mr. J. Hastings of Messrs Deacon & Hastings, solicitors), appeared for the plaintiffs; and Mr. E. H. Sharp. K.C., barrister-at-law (instructed by Mr. C. D.. Wilkinson of Messrs Wilki son & Grist, solicitors), appeared for the defendants.
Mr. Slade, in pening the case, stated that the plaintiffs, whose local agents are Messrs. Gaupp & Co.. last year purchased from the firm of Messrs. Bovet & Co. a series of trade-marks for a sum of 3.700. These trade-marks were in various forms but they all contained the Chines word: Po-wai and Yee-nah. The actual marks were of course of different dates, they having been brought into use at different rm which was still in times, but in the oldest use the words Po-cai and Yee-nah were con- tained in fancy circular borders, and in these forms they had been in use in ( hina for no less than 87 years-since 1815. The registry of these marks was made in the Swiss Courts in 1862 and it was then stated that they had been in uso in China for 50 years It
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r. Sharp, K.C, in opening the debate for the defence, said the plaintiffs' right to use the characters Po-wai was unquestioned, but the defendants denied ever having used them. There had been a suggestion that the same manufacturer in Switzerland who made some of their watches made the watch that had been pat in by the other side fraudulently marked Po-wai; they denied that they marked it so or saw the watch marked Po-wti. That watch was bought not from them but from baedecker. As to the
circular borders on the watches, they had a perfect right to make these circles. They claimed that they had a right by common use as well as by a use which was older than or as o'd as the laintiffs' and also by an express agree ment made by the plaintiffs some years ago; and they claimed the right to use this Yee-nah mark as they had used it. The defendants were willing to give an account of all such watches sok frem now until this action was settled but submitted confidently that it would be grossly improper that they should be injuncted from selling these watches meantime. They had only two watches which they used. The Fee-nak watches they used more than the other. The grauting of an interim i junc ion would mean shutting up their shop.
His Lords! ip said he should have to be satis- fied that the plaintiffs had reasonable ground for saying that the circular border was an essential part of the trade-mark.
Mr. Sh rp went on to say that the three grounds to le taken into account in considering the motion for interim injunction were- whether the defendant had infringed, whether the plaintiff was exclusively entitled, and whether the mark was such as the Court could 83 મ trade-mark. The defendants protect contended with regard to both the Yee-nah and the circle without the characters, that these were in common use. They denied the plain- They also held that there tiffs' exclusive right. had been delay in bringing this motion into Court, and asked bis Lordship to refuse the interim injuuction.
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on evidence that these two names in connection with watches bad acquired a very bigh reputation in China and had been known for a large number of years as the watches manufactured by the plaintiffs and their
pre- decessors. It was also on evidence that plain- tiffs' business had been falling off in consequence of cheap imitations of their watches being put on the market. Only very recently had the plaintiffs discovered, thri ugh the agents here in Hongkong, the sources or one of the sources-
Mr. Slade having replied on the debate, of these cheap imitations, and accordingly they had taken these proceedings. With regard to His Lordship said could not the word Po-vai, they did not suggest that the absolutely certain at the present time-in defendants had put that name upon any watches. fct he rather doubted-whether it would be What they had done was to sell watches exactly possible to prove that the circle without the similar to the genuine Pocal watches sold be Po-wai "was essential part of by the plaintiffs and cause be placed plaintiffs' trade mark, because he took it on these watches a circular scalloped berder that there must be a great amount of circles in very close imitation of the Pu-cui mark, in the tra^e. He would not give judgment but with the word l'o-wai omitted. The now, but his present (pinion was that if the result of that was that they sold these watches defendants would give an undertaking not to to Chinese dealers in Canton and elsewhere in a low any more of these watches to be sold that were exact imitations of the trade-mark minus China and the dealer was enabled to engrave upon the blank space left for him-purpose'y the l'o-rai, he thought he should not be inclined left for him the characters Po-wai, and as
any further. Possibly at the trial it might soon as that was done you bed an exact cleap work cut that the defendants would be able to imitation of the genuine Po-rai wateb. With show the average number of watches they would regard to the Yee-rah watches, it was admitted have sold and if it turned out that they had a by the defendants that they used trade-marks right to sell the watches the plaintiffs would have with the name Yee-nah.
to pay them damages; on the other hand, the injunction would be granted if it turned out that the plaintiffs' was the prior watch, which he was very much inclined to think it was. He had had a large experience in connection with trade-marks in the Colony during the last 12 years, and recollected most distinctly the amount of dodging that went on. Oce firm, he remembered, a; plied for no less than 78 marks: that brought things to climax. It showed t'at there had been an idea abroad at one time that it was a good thing to have as many marks as ossible, as they might come in useful some time. Mr. Sharp asked bis Lordship whether it would not be allowed that the owner of a trade- mark honestly used was not liable for other people's diz honest use?
Mr. Sharp-Weclaim we have a right to do:0. Mr. Slade said that claim was of a very in definite kind. The title to the use of Yee-nah set in a scalloped circle was beyond all cavil or doubt the right of the plaintiffs. Mr. E. Berubeim of the defendant firm stated in his affidavit that from information he had received
from the manager of his firm's business in hanghai, and he verily believed, the name Yee-nah was registered by his firm in Switzerland many years ago, and that it had been agreed by the two firms not to raise any objection to the commou use of the mark Yee-nah. The plaintiffs held that they were solely entitled to the mark Yee-nah but were not at the present time in a position to prove it. They know now that'
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