December 6, 1902. |
the defendants had changed their yellow trade. mark for the later one more nearly resembling that of the plaintiff with the purpose of coming down and capturing the IIongkong market he would be very much iuclined to stop it.
Mr. Pollock admitted that without evidence it certainly looked suspicious. He would sug gest that the interim injunction be continued until the particulars could be got down from Japan. They had at any rate establish d ́a prima facic cas for protection.
J
His Lordship, in giving julgmont, said he thought it was his duty to discharge the in- te in injunction Ho diseberged it with carts. He did not say nor did he think that the gentleman who made the affilavit intended in any way in deceive the Court, but be wished to impress upon these who made affidavits in that. Court that if they swore to a thing it was really essential that they should not swear to it unless they knew it to by so. If they wore swearing simply upon information given by somebody else they should say, "I have been informed so and so audi believe that so aud-so is the case,' There was no doubt about it that the Court was scrivà, quite unintentionally, he admitted, as to the precise nature of the trade-mark registered here was sworn that a certain lab 1 ras registered As a matter of fact it was not registered, but oue very similar to it was. That mistake bad now been corrected. Under the circumstance; he must find that the Court bad not the full information given to it when it was asked to make an er parte injunction, and theref. re he must discharge the order with costs. not think there was any question of damages, as the order had been in force for only a f·w days. With regard to the second part of the question, that the injunction bo continued until the judgment, he did not know whether Mr. Pollock wished to go into that further.
It
He did
- Mr. Pollock said he was willing to a continu- tion, subject to an undertaking for dantages
Mr. Slado stated that he might be able to save the time of the Court if he were allowed to make a statement. The defendants in the case were merely. agents who did not want to run any risks. As soon as this registeral trade- mark had been brought to their notics they recognised that they were sailing rather tear the wind, and on behalf of the defendants he was willing to submit to an injuction restrain. ing them from using this trade-mart. They did not think that it wasaltogether fair. They however, were only agents an1 had thes things What they were willing în fight was the exclusive use of the word "(ausan." They held they were cutit d to sell mineral water, calling it tausau, as long as they used labels which were not too nearly like the rogistered trade-mark in the Colony.
seat down to theui.
Mr. Pullack intiotated his willingness to agree to this course, without preju lice to his claim of the exclusive right to the use of the word "tansau.”
Hi Lordship said he would not have begu inclined to grant au injuuction on the word tansan" after hearing what th judgment was in Japan. He would grant a coutinuation of the interim injunction on the uos suggested, which of course would not preclude the plaintiff at the trial from establishing his right to the exclusive use of the word tausn." The order was granted accordingly.
The Court adjourned.
|
CHINA OVERLAND TRADE REPORT.
CRICKET.
H.K.C C, P, THE GARRISON.
This match was played on the Club ground on the 29th ult., and, after ad interesting game, resulted in a draw, very much in favour of the (Inb. fhe usual hour was wasted at the start,
thanks to the lat arri:al of many of the players, otherwise the game would ertainly havo been brought to a definite cogelusion. t seems utterly hopeless to expect punctuality of some people, but it is certainly time that the Committé took some stops to rein dy the evil, as mffers seem to be getting worse every week. In this instaure it was the gold'ers who were chiefly to blame-most of the Club team being on the ground in fairly good time-and even when a start was eventua ly made no less than fire substitutes had to he found to take the plaess of the laggards. At leas' three of the best matches this season have been drawn through
this cause, and cricket will certainly low much of its popularity if this sort of thing is allowed to continu:. With his usual luck, Ward won the toss and sent in Maitlau and Gardo to face the bowling of Fawet and Clark. When he had made 18 out of 22, Mait- land, who app ard to b, getting well set, was ladly run out by Garde, Moore, who follo vel, soon settle down to play good eri ket and Garde seund, de ermin d to ato 6 for his mist ke and looked like making a Feare. With the total a 53, however, he was bowled. having made his 20 in excellent style. All uby tok his place, and he and Maɔro s'ayed in until the tiffin bell rang, when the total was 100, Ip to this tim th howling had hon god and the scoring was cuns quently shower thai nomad After fi ›. kowever, the bats *11 bul matters pretty much their
own way and scored very froely. Mone
especially hit very hard. and though he gave on- or two diffi ul. chances, his insings was cellent one in every way. Allenby played a sound, erreful innings, severely punishing the loose bills hat running a risks with the good ones: so far as could be seen he gav· no chance at all. With the store at 21 an his own total within 4 of the giveted Mo re was out to a brilliant catch by Simmons. Smith howled a fuli pitch to leg which Moore appeared to get well hold of; the ball, bow-
At the general meeting of the Hongkong Odd Volume: Society which was held recently, His Excellency the Governor was re-elected President of the S ciety. We unders' and that. this Society proposes to give a series of lectures daring the coming winter. The opening meeting will be held at the City Hall, on Monday, the 15th inst. whe Dr. J. C. Thomson will lecture on "Malaria and its Relation to the Mosquito." with naked eye and microscopic demonstrations of mosquito 's and the parasite of malari Excellency the Governor has kind'y consented to take the chair on that occasion. This subject is one which should appeal to every resident in the tropics, and no doubt the Hongkong pablic will be glad of the oppo tunity of receiving information with reference to the latest re- searchies on the question of malaria in connec- tion with mosquitces, Mr. H. E, Pollock, K C.. has resumed the post of Hon. Becretary.
{
His
an (X
erntary
went straight and hurd to Simalus at short leg. who brought off quite a With only an hour and remarkable catch forty-five muutes left for play. Ward promptly declared the inn ́rgs closed, the score being 212 for three wickets. The fielding of the Garrison was good on the whole and Sim. mons and Heath were especially cotic able. The bowling was good at first int the splendid stan made by Moore and All-aby had a decidedly demoralising effet upon it and, of course, one had much of an analysis. The Harrison commenced batting at #25 with Smith and Rimington, and Mackenzie and Lamble star ed the bowling. Smith hit at an a 4 and was then out 1.b.w. to Lamble. Rim'ngton played well, but after early running out Heath cu two ocea ious, eventually succeeded in doing so. tbanks to an excellent piece of folding on the part of Turner, who threw the wicket down from cover point. When he had made 21, Eimington was caught by Ward at the second attempt, the fieldsman falling in the effort. Fawcett, who had bean batting excellently. was now joiuel by Radcliffe and between them they add-d 73 runs to the score. Fawett hit hard and well, his drives being especially Kood and his 4 contained two 's and six 4's. He was eventually smartly caught at the wicket with the total at 111. Radcliffa continued to play careful cricket and refused to be got out, though at one time he gave an easy chanes of stumping to that usually sife 'keeper," Garde. His 34 was a saud, s'eady inu ings, iuvaluable to his side as it practically saved them from defeat Nous of the other
selves, though Boyd kept up his wicket at a batsmen greatly distinguished them.
critical stage of the game. With the total at
137 for
the pick. The bowling was fair but no one cani › out with much of an average, though Powell at iba end took 2 wickets for 6 runs, Toulmin bowled
luck. Altogether the match was a very inter- very steadily and well but did not have the best of
esling one, and from a cricket point of view quite the best that has been played this 8180. the only satisfactory feature of it being the aforementioned late start. The following aro the scores and analyses :-
więkots, the bell raug and the match as stated abore, thus ended in a draw, greatly in favour of the Club. It was a treat to see such an improvement on the last two or thres matches in the fielding of the Club, and where all were good perhaps Turner and Moore were
HK.C.C
R. B. Garde, R.N., l Clark P. Maitlaud, run out
G. Moore, R.N., e Le Breton Simmons, l
Smith
Lt. M. G. Allenby, R.N.. not ent W. C. 1. Turner
Lt Toulmin. R.M.L.I. A. G. Ward tempt 1 A. Mackenzie S Powell
LA. Mahon, R.N. P. T. Inutable
Extras
181
G8
T
dbl not bat.
10
Total innings doeltrolt ..............21 3
THE GARRISON,
1. Smith. R.A.... l.b,w..., b Lambile
|| 11. Rimington, S. F., e Ward. ↳ Mackenzie 21 4t. Feath. Ith Bombay, run out Capt. Fawcett, R.A.. e Garde, b Toulmin 14 Capt. Radeliffe, R.E., Allenby 1. Bolg-m. S.F.. e Gazde, b Ällouby 1. Hayd. R.A.. b Powell
Major ». F. Alek, R.A M.C., not out Col. Ferrier. A PD. « Toulmin. b. Powel Capt. Tul neh, R.A not out
Extras
31
1370
Total nine wicketer Major Le retou simu m«. ft.E.. did not bit.
BOWLING ANALYSIS.
Fawett
lari Rimingt va Hodges sa Heath ath
Marenzio
Lear'da
Ta'min
A cha Allenby Pose!!
H.K ..
M.
R.
W
172
71
1:
#
21
2201
2.1
THE GARRI
M.
K.
*
1
1
#
i
CRAIGENGOWER C.C. 2. TEM.S.** TAMAR. The return match between the above pas played at Happy Valley on the 29th ult. and ended in favour of Craigongower by 56 raus, Appruded are the scores and analyses --
R.M.S. TAMAR." Lt.tansbury. b Frawn
Mr. Buggin, RC. Witchell, 1 Pestonji 14 Mr E. Crabtree, ↳ Post maji
Mr. S. A. Coaps, e stuurt, b Brawa
Mr. C. A Parser. ↳ Brawn
Dr. W. L. Martin, b Pestoaji
7
I
1
(
7
Rev. E. H. Goud, e Lammort, b Pestonji 1
Lt. A. C. Batt, e Limmert, b Brown
་
Mr. Strest, e Herton, b Brawn
Mr. Pope, e Basa, b Prawn Sergt. Vayner, not out
Extras
Total
#RAIGENGOWER CICKET CLR. J. P. Jordon, e Parzes, & Butt M. E. Asger, a Stansbury, b Bætt A. O. Brawn. b Batt... L. E. Lummert: run out R. Basa, e Butt, b Go »d L. A Rose. not out
J. L. Stuart. e Stansbury, I Cooke E. R. Horton, e Stansbury, ↳ Cooke R. Pestonji, b Cooke
R. C. Withell. b Cooke J. Witchell. b (lood
Extrax
Baw
Pestonji,
-
Good Butt Cooke Parker
Total
BL
87
BOWING ANALYSIS.
•
H.M.S
TAMAh.
n. MI. G. 9.3
W
10
6
# 1
17
0. 10.5
M
4
K.
W.
26
3
1 *
2
16
CRAIGENGOWER €:ICKET CLUB.
QUEEN'S COLLEGE 2. Y.M C.A. Teamus represeating Queen's Collega and the Y.M.C.A. met in a friendly contest at the Happy Valley on the 29th ult., when the former came off victorioas. Appended are the full scores :-*
**
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