Ju the able aiid exhaustive judgment under appeal, the learned [Judge who delivered it came to the conclusion that Olsen & Ca. were] not, by merely using'the labels of the Manila factory, under which they had acquired a right to manufacture at Manila, imitating the inbels of the Hongkong factory. They had become owners of the Marfila Inbels with the business and -putation attached to them, and by simply vsing such labels did not represent to the public that the jeigars were made by the appellant's] firm, of which they described themselves as the successors. The nature on such labels as W. O. 3, jarantizado por C, _Ingenohl stands on a different footing."
direct representation that the appellant signs as guaranteeing the The point is, however, far ing been the most prominent one contended for in the respondents' general defence, from which it is separable. Their Lordships think that justice will be dene by the imposition of the undertaking accepted by the respondents, an! that the latter, having given this. fare entitied to succeed on the main; questions raised at their Lordships' Bur, and should have their costs.
They will humbly advise His Majesty that, subject to the undertaking, the appeal should be d's-missed with costs.
Text read from the printed page and cleaned; old type leaves the occasional error.