The Mixed Court Prosccution for an Infringement of Trademarks In tha Mixed Card em Tuesday a case in which the alleged me fringement.of trademarks was, the subject of 'a prosecution eames to an and with the conviction of the Jaccused. The case was heard by Mr. Allman, American Assessor, und Mr. Li, Magistrate, the ae: fonsed being & grocer noamed Yung Ghong-mug. "There were two changes, the first to a brand of tinned milk imported by Messrs. Carlowite & Ca., who alleged that defendant. forge and uttered. the trademark of hn eagle and the words. "El Aguilo Dol Oro," "Registered Trademark," and sold and. pesed for sale milk not supplied by" presceators beating—their name, thereby injuring thoit baeiness and credit. The Nestle Anglo-Swise Condensed Milk Ca. prosecuted in the second chavgo of sotiing ilk bearing 2 that firm's device, consist flying eagle upon which was written in Chinese "Flying Eagle A.M. Preston prosecuted apd My J. W. Schoenfeld defend-'The case was before the Court a week go, and was continued given by '9 representative Gx Toscday, - when evidence was. Mossre. W. Funder & Ca., anc~ ioneers, 16 the effect that on [October 23: last year they sold 360 jeqtee of vnlahelled tins of con-opened as samples, and at thas time. they were unlabelled.
This closed the case for the prosecution, rap ACCUSED SURPRISED.
Byidenco for the defence was to thie effect that the accused grocer) had purchased threa cases of the milk, and on receipt sound that the tins were Inbelled, Ho had been in business as 0. grocer. for six years, but did not know the brand. "Ho had bought them as unlabelled tins and was sur-prized to find a label on them.
An auction broker stated Hiab he took delivery' of three ° cas from Messrs, Funder on, October.
or % having bought them as unlabelled tins, been in business for 30 years as an auc-broker it did not surprise un to find that they were!abeled, which ho discovered when they were pencil. Ho knew that the milk was not good: he bolxevit, came from Japan or possi bly Hongkong. He did not take any samples to the 'The Assessor asked why, having bought it as unlabelled milk, he did not send it back when' he found that it was labelled.
Witness replied that, they often bought milk as uninbelled and then found that the ting had dels on them, He admitted That ho know the brand of Carlowite Co.'s mille which had been in the market for 15 or 20 years, but he had not seen it for several years past:
giving the decision of the Court the Assessor said thie they didn't believe, the story of the defence, They believed thay the milk had~been" bought unlabelled: and a fine of $30 would be impos ed upon the shop keeper,
Text read from the printed page and cleaned; old type leaves the occasional error.