Saturday, his Honour Judge Grain delivered judgement for defendant with costs in the dispute over the sale of Watson's Mineral Water Factory. Plaintiff, Kwok Vee-yee. claimed from VW. J. Haynes $43,303, as damages for alleged misrepresentations concerning the trade mar! in consequence of which Kwok was proceeded against by Messrs. A. & Watson & Ca., of Hongkong, and on other grounds. Counsel in the, case were:—Mr. E. Seddon for plaintiff and G, Macdonald for defendant.
His Lordship dwelt at consider able length on the implied wayyanty that Kwok had a good right and title to the trade mark, and the charge of fraudulent epresentation, "Fraud is a very serious charge," said the judge, "one of the most serious charges to bring against a business man, and therefore must be definitely and beyond all doubt proved against the person who is charged. I cannot hold that fraud has been proved in the matter of the trade mark."
Concerning the question of war yanty in this case and viewed in the light of conditions prevailing in the British Courts in China, the trade mark did not come under the definition of "trade mark' in the Merchandise Marks Act. Defendant had used the trade mark for considerable time without disturbance, while the plaintiff had had ample means for deciding for himself before -purchase whether the two marks were similar.
Feu Text or Jupcemenr.
His Lordship's full judgement was as follows
Text read from the printed page and cleaned; old type leaves the occasional error.