Mr. Hay to Mr.
Griscom.
Department of State,
Washington, September 2,
1903.
No. 14.]
Sir: I transmit copies of a letter from the G.
& J. Tire Company, and its inclosure, addressed to the Imperial
consulate of Japan at Chicago, protesting against the copyrighting of
their trade-mark in Japan by Rikicki Sumi, a bicycle dealer of
Osaka.
[Page 623]
The company expresses the hope that the Department will take some steps
to protect its interests in Japan.
You are instructed to investigate the matter and to furnish the
Department with a report thereon.
I am, etc.,
[Inclosure.]
G. & J. Tire
Company to Mr. Hay.
Indianapolis, Ind., August 28, 1903.
Sir: It has just come to our notice that
there is in existence a law in Japan and some other foreign
countries which permits anyone to make application for a trademark
whether or not he manufactures or controls the goods covered by the
trademark, and we find ourselves in an awkward situation in regard
to Japanese trade by this same patent regulation.
In the United States words or combination of ordinary letters are not
patentable and we were under the impression that the name of our
tire (“G. & J.”) could not be copyrighted in other countries. We
inclose copy of letter which we have to-day written to the Japanese
consul in Chicago. It is certainly an outrage that an insignificant
bicycle dealer is to be permitted to blackmail the whole American
cycle trade in the manner in which Rikicki Sumi proposes doing, and
we hope that it will be possible for some steps to be taken to
protect this company and the other companies that are affected in
the present instance.
We shall esteem your reply and any action you can take to assist us
in this matter.
Yours, very truly,
G. & J. Tire
Company,
C. H.
Semple, Secretary.
[Subinclosure.]
G. & J. Tire
Company to Imperial consulate of
Japan.
Gentlemen: We are just in receipt of advice
from one of our esteemed customers in Japan that Rikicki Sumi,
bicycle dealer, of Osaka, Japan, has registered as a trademark on
bicycle tires the name which we have used for years, “G. & J.,”
in the Official Gazette 6023, July 30, 1903, Patent Office No.
19792.
We were not aware that a combination of letters, such as “G. &
J.,” could be copyrighted in Japan, as nothing of that sort is
capable of being copyrighted in the United States. This information,
therefore, comes to us as a surprise. We have a very extensive trade
on our goods in Japan, and if we are to be prevented from shipping
our goods into Japan except through this small dealer, Mr. Sumi,
being compelled to discontinue our connections with the several
large and reputable jobbing houses who have handled our goods in the
past, it is not only putting us to a great disadvantage but is also
unfair to the houses that are pushing and advertising our goods. We
should like you to advise us if there is not some action we can take
to obtain justice in this matter.
This same man, Sumi, has registered the following trade-marks of
popular American goods:
“20th Century,” for lamps.
“Queen,” for lamps.
“Two wheels and two rings,” for tires (Dunlop mark).
| “U. S.,” for wrenches |
} |
Jno. H. Graham & Co., 113
Chambers street, selling agents. |
| “New Departure,” for bells |
As his action in this matter strikes us as being nothing more or less
than a theft, we hardly think it possible that the Japanese
Government can stand back of him in a matter of this kind.
We shall greatly appreciate any information and suggestions that you
can give us.
Yours, very truly,
G. & J. Tire
Company.
C. H. S., Secretary.
