24, the hearing took place of the oppe-l Public Procurstor Gotsu against the judgement of the Osaka Chiho Saibansho dismissing the charge of an infringement of a trade-mark registered at the Patent Bureau by Mr. C. T. Gillon, of Yoko-hams, representing Messrs. James Buchanan & Ca. of the Black Swan Distillery, London, E.C., against Nis-spirit merchant of Osake.
Karashima appeared for th Santa defence.
In opening. the case, Pablic Pro-for said the accused registered at the James Buchanan in own mak spite of that fact therefore, desirable to The accused was then examined as on use for your mark of the Black and White blend, without obtaining the permission of Mr. James Buchanan The accused—No, I have used my own registered trade-mark for my whisky.
The Court.—How long did such a trade-mark '—From aly to September, 1906.
In reply to further questi teousod reposted, that he, wan ain A person sent from Mr. Gillon, to the effect that hie nection might prove to an infringement of his trade mas and that, therefore, he gave up using he trade mark from that time, The Court.—On what did you base your own trade-mark?—I wanted to make one resembling the mark of the whisky uch Inbel and uted it, The'Court.—Did you know the rk 1—I did not kn" wires and spirit, in bottle?—I "sold yo them in bottles and tins, The Court. that you kn ticular trad Aman named Hayaka: hoji Machi, Osaka.
The Court.—Acoording to the writ of ted the genuine used them for a Ts that not u fact All whiskies have speci letters on the bottle and consequently the labels as a trade-mark.
At this point the Court drew the atte tion of the accused to various parte of the Court records. The same having been read, the Court asked accused whether he fad an: The accused rep! the term Bloc be regarded) as me further spe of the trade-mark might be mide to resemble june (Japanese leo exhibited a book stated that numerous cases, re used. He the term Buchanan's Whisky" hi "House of Commons Whisky."
Text read from the printed page and cleaned; old type leaves the occasional error.