Wednesday, before Judge Ling Pinu and Mr. C: D. Meinkardt, Senior Consul's Deputy, the manager of Hung Kong Cigarette Shop was charged with selling cigars pu ing to be those made by M El Oriente Fabrica de Tabacos, the genuine ones of which were sold under the trade mark of la Perla dol Oriente.
Mr. N. F, Allman appeared for! complainants and Mr. W. ¥. Char was present for the defence.
Mr. Allman stated that complainants owned a trade mark known a3} Jo Perla del Oriente, which bore the impression of a woman. 'This had deen registered in Peking in 1925. On the cigars themselves were' the impression of the woman's head. Defendant had kona fide boxes and from them he took fake and inferior cigars and sold them to the public. The genuine cigars sold at $6 per Box, but accused sold the inferior articles at $3 per box. He had proviously been warned by complainant, The Chinese manager of the complainant firm stated that he received information that inferior cigars were being sold at accused's shop in La Perla del Oriente boxes and so} hho reported the matter.
I. del Bourgo, an American, stated that he was vice-president of the complainant company, which owned the trade mark. The La Perla del Oriente cigar has been on. the market for 44 years. The trade mark had been'registered with the Chinese Government. The cigar] gold by accused ws genuine: it was a fake. Witness could tell cly the workmanship at once that it was not genuine, but the average member of the public could not. On the fake cigar was something in the! shape of crown and not a woman's head.
Peking, sent Manila. He had photographs, how-tot ever, of It.
Mr. Altman produced an official notice from the "Trade Marks Journal."
Mr. Char contended that this was not an official notification but notice stating that an application rad been applied for.
In farther eross-examination by Char, complainant admitted that] there had been a dispute with reference to the registration of the trade mark, He now bad the reistration papers, however, and the fispote had "been settled in his
Text read from the printed page and cleaned; old type leaves the occasional error.