Shanghai, Jan. 26 A fine of $100 was Imposed upon the owner of the "Cathay" Dispensary, 162 Rue Morea Polo in" the Second Special Disiriet Court yester. day when Mr. H. B, Baruksen proprietor of the Cathay Pharmacy," 131 Bubbling Wel! Road brought on action In which he alleged that his: business name of "Cathay." which war hix own property, had been used by the defendant. He asked for damages and that the defendant be prohibited from, using the word, Represented by M, Paul Premet, plaintiff asked the court to apply Article 253 of the Chinese Criminal Code which reads: "Whoever with intent to defraud other persons, forges or imitates any rowistered patent trade mark, shall be punished, with penal servitude for a period of hot more than two years of detent, oF may be cumulatively punished with a fine of not more than 3,000 yuan"
Giving evidence, plaintiff stated that according {0.a cerlifeate delivered in August 1930 by the Chinese Ministry of Commerce, the name "Cathay" was pronounced as being his property for the conduct of his business. It eae to his knowledge, however, that a pharmacy at 162 Rue Marco Polo was using the name.
He mentioned that the Telephone Directory mentioned this frm ax the "Cathay Pharmacy" when the commercial sign at the door bore the name "Cathay Dispensary." asked the court to forbid the defend= ant to use the name and asked for sentence according to law.
Text read from the printed page and cleaned; old type leaves the occasional error.