The Archive · 1939

Leged Infringement Shanghai. May 25

Ending & tong legal battle con ening an infringement of registered trademarks punishable by the Trade Marke Lave, the General Milk Ca, ne. Carnation Company represent. ed by Mestrs. Hf. D. 'Rodger and Kung, has been given a favour-table judgment by the Administrativ Court' in Chungking thus. rendering legally impossible for the Holland~ China Trading Company, to use its trademark "Hose Brand" which i by the former company to be Similar to and is an infringement of their registered trademarks "Peony" and. "Gloria."

'The case was first referred to the 'Trade Mark Bureau which approved of the "Rose Brand" trademark but a Which later cancelled it upoit receiving a petition of protest from the General' Milk Company.

Nollnd-Ching Trading Company id not agree with the Bureau's decision und applied for a re-heating tasse but the Bureau held its original Gecision, "It then filed an appear with the Ministry of Industey which Feversed the Bureau's decision. The General Milk Company was not istled with the ministerial decision ud referred the matter to the ecutive Yuan which dismissed the ase.

Without being disappointed. the General Milk "Company instituted smother action in the Administrative Court at Chungking which finally cancelled the decisions made by both the Executive Yuan and the Atinistry of Industry. The General Mili Company filed the fast action Eppeliants against the Holland China trading: Company as the respondent.

The Chungking court holds the opinion thet although the adjoining. portion of the respondent's trade-Mack "Rose Brand" may have some difference in shape and appearance, the principal part of the respee> five labels could be mistaken the tne for the other, and incorrectly cognized by ordinary buyers. if kind when the design and letters in Sald "trademark are separately examined, Tt cannot be therefore sai th fe not similes to each revealed in the judg report for the week ending midnight shows. that the total number of deaths from all eases mongst the foreign and Chinese jopilation in the Settlement were—rereigners T and Chinese 361. Deaths from notifiable diseases were-Foreigners, Tuberculosis 2. and. Chines Typhoid Fever 2; Tuberculosis 21; Measles 11; Dysentery 4: Relapsing Fever 4: Benchers 3 and Smallpox, Diphtheria, Tephus Fever 1

Text read from the printed page and cleaned; old type leaves the occasional error.

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