Hall said at the request of the complainant firm, the police visited: a printing shop at Ting Vu Lee Alley. way, off Chefoo Road, on Tuesday afternoon and seized 11,000 sheets fayette packing paper bearing the mark "Fairy Isles," which was trademarks. shop, said the goods were ordered by the second accused who was. arrested the same evening. Both men were taken to the station and the second man told the police that he iliad ordered the packing paper from. the frst accused but the pictures were prepared by an artist living in the Chinese City.
Upon examination, it was found that the picture was exactly the same as that used by the complainant firm for its Fairy Isles cigarettes and that it bore the same Chinese characters, the only difference being that the complainants used the English name "Fairy Isles" whilst that used by accused was "Fairy Bairs." There was no suen word as "Bairs" in the English, China and the Bank of Communica French or German languages. second accused was a tobacco mer chant and it was obviously his intention to manufacture imitation Fairy Isles cigarettes to deceive the public.
'A: representative of the BwA.T. having corroborated, the first accused told the Court that two men, including the second accused, placed an order with him for 150)000 sheets mark because Fairy Isles cigarettes }were not sold in Shanghai.
The second accused said that Ko. had been told by another man in Pengpu to come to Shanghai to order the: packages for cigarettes manufactured in that city. Both the colours and English characters on the seized papers differed from those of the B.-A.T, Complainant's representative said that the Fairy Isles cigarettes were sold extensively in Pengpu, Wuhu and other places in Anhui Province and that the trademark had been registered with the National Govand this fact had been in the "Trade Marks 'Court Inspr, Hall, summing up, said that, according to the evidence, the second accused intended to sell imitation Fairy Isles cigarettes under the reputation earned by the complainant' firm. Fairy—Isle cigarcties were sold in' Anhui at alow price and its consumfers were mostly of the poor and uneducated class and they naturally did not understand the English characters on the seized Papers and they thought that the imitation goods were produced by complainants, He asked, therefore, that the: second accused' should be severely punished:
The first accused likewise should be punished according to the law} because all reputable commercial have a copy of the Gov-"Trade Marks Bulletin" so that, before accepting orders {from customers, could find out when ther or not trademarks handed to wre genuine or imitations, ry inquiries when he accept-fed such a big order as that for 150,- 000 sheets of the paper. Accused had failed to do this, so he should be punished.
For the defence, Mr. Van drew: the Court's attention to the fact that the first accused. could. not be held responsible because the complainant firm had not, even up to the present, issued a circular announcing its Fairy Isles trademark and, therefore, the first accused did not know that this trademark belonged to them. As to the second accused, he could not We. found guilty because had told the Court that the trademark had been prepared by another man and that he did not know this was the trademark of the complainant firm. Nobody could have knowledge of all trademarks of the various cigarette companies. Even Court Inspr, Hall had no such knowledge because there were 80 many. Counsel, therefore, asked the [Court to acquit the accused.
The Judge found both accused guilty and sent the first to prison for two months and fined him $500. The second aceused'was given three months and a fine of $1,000.
Notice' of appeal was at onto
Text read from the printed page and cleaned; old type leaves the occasional error.