"Sanzetti" Case Ended On July 22 Judge Yang Yeh delivered a decision in the action fof Sanzetti v. Ghadanova, in favour fof the complainant. It will be re fealled that an original action year concerned the name "Sanzett Both parties, operating photogrs studios, employed at various times the name "Sanzetti." S.MLL. Sanzetti's studio is situated at 72 JNanking Road, the other at 421 Bubbling Well' Road. Complainant originally opened a studio under the name "Sanzetti" on Nanking Road about seven years ago. Condition: regarding a subsequent situation caused friction, which resulted in legal action.
The judgment follows:—The case concerning the name right between the above named parties is tried and decided by this Court as. follows:—
Decree:—Defendant. shall discon-_ inno to, use the English word Sanzetti" as the trade name of his photo studio. Costs to be borne by defendant. Provisional Execution of this judgment is grani Facts:—The plaintiff's prayer for judgment as the decree. Thi statement is shortly that he is a photographer and his English name fs Sanzetti. The defendant is also a photographer and without the con-[sent of the plaintiff used the plaint-if's name as the trade name of hi photo studio called—"Sanzetti Studio," registered the said words in the Ministry of Industry as trade name and petitioned to the Court to order the plaintiff to discontinue the use of his private name on his business, In the judgment yendered in July 1930, the Second Branch of the High Court of Kiang-ssu acknowledged that the plaint the use only before the registration Jof the defendant's trade name is cancelled. The plaintiff then applied the Ministry of Industry to cancel the certificate of the defendant's trade name, which application was successful and the decision of the Ministry of Industry is that the certificate of the defendant's trade name is cancelled and void. Accordig to the judgment of the Second Branch of the High Court of Kiang-ssu and the decision of the Ministry of Industry, the defendant actually has infringed the name right of the plaintiff, contrary to Art, 19 of the Givil Law. Therefore the!
The defendant alleged that the plaintiffs name was not ""Sanzetti" and that "Sanzetti" was the trods name of the photo studio, which is a mere unsupported allegation and can quite hardly be believed. As to the enquiry to the Registration Office for Russians about the real name of the plaintiff, it is also not Recessary, for the certificate was issued by the Bureau of Pabli Safety of Shanghai Municipality on basis of the investigation from the Registration Office of Russians. Since the name stated in the certificate produced by the plaintiff is correspondent, there is no doubt that the English' word "Sanzetti' as alleged by the plaintiff his name.
Besides, according to the decision Jof the " Ministry" of Industry, certificate of registration of the trade name of the "Sanzetti" photo studio "has been cancelled, The plaintiffs petition for order that the defendant should discontinue the use fof the English word "Sanzetti" as the trade name of his studio is therefore grounded. Again,—the application of the plaintiff for declaration of provisional execution in order to avoid the protraction of the action is found to be correspondent with the circumstances in Par. 1 of Art. 463 of the Regulations re. lating to Civil Procedure and has to be granted. Wherefore, it is decided as the decree in accordance with Art, 97 of the said Regulation.
Text read from the printed page and cleaned; old type leaves the occasional error.