An interesting case regarding the falsification of trade marks was opened at the Mixed Court last Friday before Messrs. Grant Jones and Yui. The charge is against Sze Ping-san, a shopkeeper of 839 Myburgh Road, and complainants are the British American Tobacco Ca., Ld.
The charge consists in that defendant on January -3 of this year did fraudulently injure the credit and business of the complainant firm by selling and causing to be sold cigarettes of inferior quality bearing imprints and stamps or dies which are imitations of such stamps and imprints "appearing on brands of cigarettes known as "Pirate" and "Ruby Queen" manufactured by the British American Tobacco Company, and "Baby" manufactured by the British Cigarette Ca., Ld. for the sale of all which cigarettes complainant is agent for China. Further that he did forge and feloniously use the stamps and seals of the British American Tobacco Ca. upon and in respect of above mentioned cigarettes of inferior quality.
Mr. Kennet, who appeared for the prosecution, said that a man was arrested in Wusieh who gave information to the complainant company, ans accused sold some cigarettes to a man sent to his shop by the company. Evidence to this effect was then given by Kong Yih-ching, the man in question.
Mr. C.'S. Peacock, employed by the B. A. T., stated that the boxes and cigarettes so brought, which were produced in Court, are false and an imitation of those of his company. It was possible to detect this in that the printing was bad. The cigarettes were of a very inferior quality. Later Mr. Peacock stated that the accused had been selling the cigarettes at 35 and 30 cents while the price of the genuine "Pirate" and "Ruby Queen" brands was $1.10 while "Baby" brand are sold at 85 cents.
The Assessor remarked that the case would be better dealt by, the Civil Court, as in that court it is possible to get damages which impresses Chinese much more.
The accused having claimed that he did not know where the cigarettes came from, that he did not keep such cigarettes and that they were not brought at his shop, the case was remanded for one week.
Text read from the printed page and cleaned; old type leaves the occasional error.