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Colonial Cases

Intellectual Property, 1919

]passing off]

Intellectual Property

Mixed Court, Shanghai

1919

Source: The Canton Times, 6 October 1919

JAPANESE IMITATION GETS CHINESE DEALERS INTO TROUBLE.

   Messrs. Dodge and Seymour, through their Counsel, Mr. R. T. Bryan, at the Shanghai Mixed Court September 23 applied for and obtained an injunction against four Chinese shop-keepers restraining them from selling a colourable imitation of Pond's Vanishing Cream, for which Dodge and Seymour are the agents.  It was shown in evidence that the general "get-up" of the pots of cream, the labels, lids, etc. were calculated to deceive purchasers into the belief that the goods were in fact Pond's Vanishing Cream whereas it was stated by counsel that it was in fact manufactured by a Japanese firm.

   In addition to granting the injunction sought, the Court ordered that the defendants should surrender all stocks of the imitation on hand to the Court for destruction and in one case ordered an account to be taken of the quantity sold.  On the question of awarding the plaintiff's damages, judgment was reserved. - S.G.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School