Mr. Denby to Mr.
Gresham.
Legation of the United States,
Peking, January 9,
1894. (Received February 28, 1894.)
No. 1784.]
Sir: I have the honor to inclose herewith a
copy of a communication sent by me to the Tsung-li-Yamên, asking that a
proclamation be issued reprobating the practice of counterfeiting or
fraudulently imitating trade-marks on American piece goods, and
directing all officials to arrest and punish all persons who are found
guilty of this offense.
I have etc.,
[Page 135]
[Inclosure 1 in No.
1784.]
Mr. Denby to
the Tsung-li-Yamên.
Your Highness and Your Excellencies: I have
the honor to address you on the subject of the counterfeiting or
fraudulent imitation in China of trade-marks on American piece
goods.
It is plain that to place on goods manufactured in China a foreign
trade-mark is injurious both to the purchaser of such goods and to
the manufacturer thereof. The purchaser is deceived into buying an
inferior article and one different from what he intended to buy, and
the manufacturer loses the sale of his own honest goods.
In western countries it is competent for any manufacturer to adopt
and register any trade-mark and appropriate it to his own use, and
thereafter it is both a crime and a civil injury to counterfeit or
fraudulently imitate such device. It is believed that no such law
exists in China, but that such practices are, nevertheless,
reprobated by Chinese officials and are inhibited and punished when
brought to their attention.
As an example of such action I call your attention to the copy of a
proclamation recently issued by the Tientsin customs taotai which is
inclosed herewith. I am informed that the practice of counterfeiting
trade-marks exists in other places besides Tientsin. My object in
addressing your highness and your excellencies on the subject is to
request that you will instruct the officials of the various
provinces to issue proclamations reprobating this injurious practice
and directing them generally to arrest and punish all persons who
are found guilty of engaging therein.
I have, etc.,
[Inclosure 2 in No.
1784.—Translation.]
Proclamation of the Tientsin customs
Taotai.
Acting United States Consul C. D. Tenney has sent a dispatch to the
Tientsin customs Taotai, in which he states that Mr. W. R. Eastlack,
of the China and Japan Trading Company, of Shanghai, has complained
that the business of the said company has been injured by the
fraudulent practices of the Tientsin piece-goods dealers in
counterfeiting the “Indian Head” trade-mark. On receipt of this
information the acting consul sent a man to purchase cloth at
various native hongs in Tientsin, and thus succeeded in obtaining
from “Ch’un Hua Fai,” “Heng Fai Ho,” “Yung Hsung Ch’eng,” and “Yung
Shun Ho” sheetings which on comparison with the genuine “Indian
Head” sheeting furnished by Mr. Eastlack proved to be, as charged,
fraudulent imitations. The acting consul therefore requests the
customs Taotai to take action accordingly.
In response to the foregoing dispatch the customs Taotai summoned the
managers of the four hongs above mentioned and warned them to
discontinue the sale of the falsely marked “Indian Head” sheetings,
and commanded them to dye all such goods as might be in stock before
they offered them for sale, at the same time threatening them with
severe punishment if they failed to comply with the order.
The said hongs agreed to obey and filed a bond as security.
This proclamation is now issued to warn all the wholesale and retail
piece-goods dealers of Tientsin not to change the trade-marks on
cotton [Page 136] piece goods and not
to deal in falsely marked goods. In future if anyone is discovered
breaking this regulation his goods will be confiscated and in
addition the offender will be severely dealt with. Let everyone
concerned take notice.
