According to the statement of claim, plaintiff is a Belgian citizen -tesiding in Antwerp and carrying fon the business of a cigar and tobacco manufacturer in Belgium, Hongkong and elsewhere. De-+Yedidunts are u British limited company, and carry on the business of "aniversul providers, including that of cigar dealers, at Shanghai and lsovehere, In "1882, a company. cifléd El Oriente Fabtiea de Tobacos Sociedad Anonima was founded in Antwerp, and in the following year established a branch office and cigar factory in Manila, For the purpose of its busi manufac turing and selling cigars, the company designed, and for many years has used throughout the world, including China, certain trade names saad trademarks, and was entitled "do their sole and exclusive "Bhowe names included "La Perla idol "Oriente," "EL Cometa del '@rionte" and ""Imperia del Mundo."
111905, the company went voluntary liquidation, and in April 46f the following year the liquidators, "by an instrament in writing notarial ly certified, transferred. to plaintiff the whole of its industrial and commercial affairs in Belgium and else-adhere, and more especially the mendfacturing of cigars at Manila, sarid sat the same, time transferred Yozplaintiff the company's trade-smacks and all its tights resulting fom applications to register and the wepiatering of its marks, labels, 'sMbbons and rings in Belgium and ina any other country. com "April 21, 1906, up to Qevernber, 1918, plaintiff carried on the *business of cigar und tobacco asanufacturer in Antwerp under the syle tot "Carl Ingenohl," and in the Philippines under the style of "EL Oziente Fabrica de Tobacos Gatl Ingenohl," and continues to carty on such'business in Antwerp under the style of In 1910, plaintiff established cigar factory in Hongkong under the name of "Orient Tobacco Manu factory: Carl Ingenobl," and still carries on this business, and since
question all over the—worl 1906 has used. the trademarks, particularly in the Treaty Ports of Chinasand elsewhere in this country. He vis the registered proprietor of these trademarks in. Belgium, Ger-amarly, Hongkong, New Zealand, Australia, Great Britain, Java and elsewhere,.and is and since -Janvary, 1007,, (provisionally) registered with the Chinese Mavitime Customs at Shanghai as the proprietor of these trademark:
In November, 1918, plaintiff' factory in Manila, and all its assets and property, including use of the trademarks in the Philippine Islands, became vested in the American Custodian of Enemy Property under: the U, 8. Trading with the Enemy Act, and the Custodian subsequently sold the property to Walter E. Olsen & Ca. Me. under an agree ment in writing dated January 25, 1019, Messrs, Olseh have since manufactured cigars in the factory Jat Manila and have packed them in boxes similar to those manufactured and used by plaintiff and bearing the same trademarks. Defendants fare wrongfully and unlawfully selling and otherwise dealing China in cigars manufactured by Messrs, Olsen and bearing—these three trade names, and plaintiff has thus suffered serious lose Platntift accordingly Injunction restraining the defendants from selling or dealing cigars bearing the trademarks in question, and from in any manner representing or doing anything: which shall lead to the belief that plaintiff ix now carrying on Philippine Islands "any busi formerly carried on there by hit als) from affixing or permitting oF causing to be affixed to any eiyars other than cigars manufactured by plaintiff any of the labels, wrappe for trademarks in such manner as represent or lead to the belief that such cigars are cigars mi factured by plaintiff; and from employing, using or circulating any' circulars, pamphlets, notices oF: advertisements which shall in any manner represent or lend to the belief that any person other than plaintiff is carrying on business heretofore carried on by plaintiff elsewhere than in the Philippine Islands, or that any such person is the successor in business of the plaintiff elsewhere than in the: Philippine Islands: and also from using the trademark on any cigars: Jor boxes or wrappers containing, cigars which have not been manu tured by plaintiff, The Defence In their defence, defendants state they have been selling in China cigars manufactured in Manila by Messrs. Olsen, bearing the trade-5 in question, these being the of cigars, packed in the came way and bearing the same names and the same or similar: marks ax the cigars for many years past made in this factory and sold in China by Messrs. Olsen and. the previous owners of the factory and the business and goodwill thereof. Messrs, Olsen are the sent owners of the factory business, goodwill, names and marks, acquired by them as set forth in plaintiff's statement of claim, for which they paid to the Custodian of Enemy Property the sum of Pesos 2,350,000. This sale and conveyance was ratified and confirmed by the Teeady of Peace one at Versailles. In March, 1921, the Custodian paid to plaintiff the sum of G-$1,262,938.21 cash, and G:$2,500 in Liberty, Bonds in respect of the property and rights so seized and sold to Messrs. Olsen, and plaintiff in writ ing ratified this sale and seizure.
In his answer to" this defence, plaintiff denies that Messrs. Olsen acquired from the Custodian of Enemy Property any right to use the trademarks except in the Philippine} islands. The sale referred to did not purport to affect, and could not affect, any right of the plaintiff, Jas sole proprietor of the trademarks, to use them elsewhere than in the Philippine Islands, and did not purport to convey, nor could convey, to Messrs. Olsen any auch right. Admitting receipt-of payment from een the Custodian, as set forth, plaintiff denies that "he ratified the seizure jand sale of his.property and rights.
Text read from the printed page and cleaned; old type leaves the occasional error.