Mr. Char stated that he happened to represent the other firm. 'They' claimed that they had their own trade mark and that it was in order.
They were the rightful owners of] the trade mark with the crown. Complainants must prove absolutely, that they were entitled to the trade mark in dispute.
Complainant said that the shape of his cigars had not been register In answer to the Judge, witness said that his firm wished to protect the smoker and that was why they had the trade mark, the impression of the woman.
Mr. Allman:—The public go to accused's shop and ask for la Perla del Oriente cigars, that is these with the head of the woman. Accused reaches into a genuine box end takes out a fake cigar and sells it. We call that fraud.
Mr. Char then contended that his clients had submitted their trade mark to the Nationalist Government, in Nanking for registration—the trade mark with the crown. Accused, however, was not the manufacturer, nor did he represent the manufactur: ers. He was simply a dealer.
Accesed denied the charge and said that when he sold the cigars, ho told his customers that they: were not La Per Oriente.
The Judge here remarked that two other names appeared on the charge ahect but only one man was Goer, to which Ate, Chur aald that accused was the manager and the: others were simply shop assistants. Mr. Allman submitted that It was contempt of Court for the others rot to come to Court 'A remand was ordered.
Text read from the printed page and cleaned; old type leaves the occasional error.