'A Chinese who sold cigarettes, the B.A.T. trademark having been infringed and the cigarettes of an inferior quality, was fined $200 at the Provisional Court on August 10 by Judge Chen, with whom was associated Mr. Stevens, Seni Consul's Deputy. The prosecution was a private criminal one, although Det.. Sub-Inspr. White of Louza station, made the arrest, at the instance of plaintiff company. Mr. D. W. M. Price appeared for company.
A representative of the Company told the Court that accused had about 60 packages in his possession, hat bore the company's trade mark, Excel" although the printing was a shade lighter than the standard package. The cigarettes were also an inferior quality.
Accused, in reply to the Court, admitted having the commodity in his shop at 297 Amoy Road, but said that hho bought them from a broker at a cheaper price, the broker represent ing himself to be an agent for plaintiff. He did not know the troker's address, but said that he him. would recognize him should he seo
Mr. Price, in pressing" for the maximum penalty, said that Chinese constantly infringing foreign trademarks. The Excel rand had-not been sold in Shanghai for some time and unscrupulous merchants took the opportunity to iinftate the brand, The company had registered their brands with the National Government, and they claimed the right to be protected.
Counsel suggested that a caution was not sufficient, but asked for the heaviest sentence, ie, one year, a8 'a deterrent to others.
Accused, as stated, was fined $200,
Text read from the printed page and cleaned; old type leaves the occasional error.