File No. 893.543 C 42/7.

Minister Reinsch to the Secretary of State.

No. 826.]

Sir: In continuation of my dispatch No. 770 of September 30, concerning the Vaseline trade-mark case, I have the honor to enclose a translation of the note from the Ministry for Foreign Affairs to the American Chargé d’Affaires, dated September 22 last, which was substituted for the form enclosed with the above-mentioned dispatch, and which constitutes the closing of this case.

I have [etc.]

Paul S. Reinsch.

Ministry of Foreign Affairs to Chargé MacMurray.

No. 390.]

Sir: We have the honor to acknowledge the receipt of your note of the 30th of August regarding the suit brought by an American merchant against a Chinese for dealing in goods bearing a fraudulent trade-mark.

[Page 256]

We instructed the customs taoyin of Shanghai to order action to be taken and now have his report stating that the Mixed Court judge, acting with Mr. Bishop, the American Vice Consul, carefully considered the case and both altered the discrepancy found in the texts of the judgment and wrote out a judgment according to what they had agreed upon, which they signed, so closing the case. The taoyin reports having verified the copies.

We have to observe that the Mixed Court magistrate, having secured the approval of Vice Consul Bishop, both have signed the judgment. Therefore the case is definitely disposed of, as we trust you have already been notified by the American Consul General at Shanghai. We now enclose a copy of the judgment for your inspection.

A necessary despatch.

[Seal of the Ministry of Foreign Affairs.]

Judgment in the Vaseline trade-mark case: The Chesebrough Manufacturing Company vs. Yung Ch’i Hsiang and others for infringement of trade-mark.

After questioning, it has been clearly shown by the plaintiff that this kind of vaseline has been in the Shanghai market for over twenty years, and it is alleged that the goods which the defendants have been selling were bought from the Osaka Japanese merchant, Sung Pen Chu Tz’u Lang and imported to Shanghai.

Inasmuch as the defendant’s goods now held in court bear a mark somewhat resembling that of the plaintiff’s, the goods are to be detained for examination and consideration.

The present case being a criminal action, this court does not deem it fit to grant the application of the plaintiff for an injunction against the sale of the defendant’s goods.

Should the plaintiff file any further suits against the defendants, we will institute further inquiries and deal with the cases according to their merits. The defendants are hereby released and the case closed.