In the Shanghai Provisional! Court of Appeals on November 16, the appeal of the Nicholson File Ca, against a decision of the Tower court, dismissing an action brought against Mr. K, Schaefer, og manager of Messrs. Kunst Albers, for alleged—infringement of their trademark, was heard.
Mr, A. Krisel appeared for] appellants. and Dr. 0. " Fischer represented the interests of res pondent, Mr, Krisel said that action has! taken against Mr. Schaefer manager of Kunst & Albers wnd_not as a private individual, In the lower court, the case has been dismissed, and int court erred, The evidence showed that the cross-filo labels of the appellant company were registered in Poking in April, 1926, and r2- registered with the Bureau Trade-marks in Nanking. Tt was shown. that these were the trade marks "of the appellant company and had been so since 1908, Those trade marks had been used by respondents, Mr, Gordon, who was in charge of the hardware dopartmont of Mustard & Ca. said that Nicholson files enjoyed a good reputation in China. The evidence showed also that persons who bought the files were usually ear-ponters and farmers, who could afford only to buy one file at a time, and they used the expression "inh" bah dah," crossing their fingers to convey the meaning of the mark of the file they wanted.
In 1928, respondent obtained an order from the Yue. Tah moral shop for 200 dozen files by showing them the cover on the boxes on which were impressed labels of the appellants. Respondent admitted in the lower court that it was because of this that he had requested. his factory to change the label. When it was discovered that Yue Tah were selling the files purporting to be those of the appellants, prosecution was! Drought against them and they were Inter" fined $50 for infringing appellant's trademark while the files were confiscated, the court} holding that respondent's firm were the more guilty party. Respondent was accordingly proseeuted and, in the lower court, he admitted' that the Inbels on the foods were the property - of his Dr. Fischer asked to be permitted to mako a statement but was told that he could do this} after the Court had heart respon lent.
An adjournment was ordered.
Text read from the printed page and cleaned; old type leaves the occasional error.