Los Angeles herald., 1908-04-09

COmmerclal malpTacIlce, from petty tuA-
tapping to the abrogation of treaty
rights. There has been merry row
over the piracy of trademarks, and
bold limitations of standard brands of
goods have caused the orient to be fair
ly shaken by an uproar of protest. The
glad chorus of acclaim which so re-
Gently greeted the Japanese for their
military efficiency has been changed
into an indignant round robin because
of their failure to observe the estab-
lshed rules of trade. These complaints
are numerous and come from many
quarters.
A Manila rice buyer openly denounces
the Japanese as unsafe to trade with,
and says that he has reached this con-
clusion from personal experience. Prior
to the Russo-Japanese war ne had dealt
exclusively with Chinese merchants
He found them shrewd In making
bargain, but once they enter into an
agreement, even If there is nothing
more than an oral understanding, the
contract will be faithfully carried out,
no matter whether the Chinese pront
or lose by the transaction. After the
war he was solicited by Japanese trad
ers for some of his business. lie au-
mired the Japanese extravagantly Tor
their military prowess, and was glad OF
nm opportunity to show his friendship
in a substantial way. He placed a
large order for rice with a Japanese
firm and had a written agreement COW
ering the transaction. In snort Time
notice was served on him that no more
deliveries could be made at the con-
tract price, and an advance was de-
manded. He endeavored to hold them
to the bargain. but failed In the at
ternpt. He tried three other firms with
equally unsatisfactory results, ana tnen
abandoned the Japanese for GOOD ana
all. His orders are now going eXclu-
sively to the Chinese.
An American who handles large guam
titles of Japanese porcelain asserts that
since the war the dishonesty or tne
Japanese has increased with their spirit
of independence. They will not keep
their goods up to sample and never
hesitate to break a contract II IL is 10
their advantage to do so. Inc conh-
plants from abroad became so nulner-
Gus that a Japanese consui IN ene
limited States wrote a letter TO the gov
ernor of the province in Japan Where
this trade centers. strongly urging an
Improvement in business methods as
preventive measure against the almost
certain loss of the American market.
The governor called a meeting OF the
managers of all the large concerns III
his district, read them the communlca-
ton. and delivered a short lecture on
the subject. What effect did 1t have?
The buyer said: "They bowed down TO
the floor, sucked their breath in through
their teeth. and went right on in the
same old way costly lesson VIII
have to be taught them before they VIII
ever improve their methods"
An importer of peanuts in Portland,
Ore. was approached by japanese
salesman who suggested that inasmuch
as his countrymen were branching out
in business there was no longer any
necessity for doing business through
third party, as had been the custom
prior to that time. Why not deal direct!
The American felt like encouraging tne
Jananese commercial enterprise ana
contract was made. The Portland man
soon had reason to regret his actlon:
In explanation he says: 1.-THE price or
peanuts went up and my men refused
TO deliver at the contract price. l got
stung for $500. No more direct deals
with the japanese for me-"
The imitation of standard brands of
manufactured goods has caused much
complaint. For instance, certain Jap
anese firm put out lot OF thread,
which was an imitation of both the
Coates and Clark brands. To the eye
this fraudulent stuff appeared exactly
like the original article, but later the
customer would discover that there
was only third of the usual amount
Of thread. the size being maintained by
making the body of the spool larger.
Thus the shrewd takers sold wood at
the price of thread. A cheap substi-
tute for American kerosene was also
put out in tins similar to those used
by the Standard Oil company. The per-
petrators of these frauds had a double
purpose in view, namely, to make
large profit from the sale of inferior
stuff and to dissatisfy the public with
brands 1t was accustomed to using, so
that the way would be made easier for
articles of native manufacture.
Great interest has centered in the
case resulting from the infringement or
the trademark of Messrs. James Buch-
AMMAN & Co., the British manufacturers
of Black and White whisky. This firm
has hnl an enormous trade in the east
for years and had its trademark prop
erly registered at the patent office in
Toxic. A Japanese dealer initiated the
label and put a substitute on the mar
ket. There was only slight variation
in the trademark. The Buchanan firm
is, by warrant of appointment distiil-
ers to King Edward and the prince OF
Wales. This fact is set forth on the
trademark label. The Japanese imita-
tors used the same label except that
they substituted meaningless Initials
for the letters which represent "Iis
Majesty" and Ellis Royal Highness."
Thus the original label reads: by
warrants of appointment distillers to
H. H. the king and H. r. II. the prince
of Wales" The spurious label reads:
"By warrants of appointment distilers
to S N. the king and s. N. s. the prince
of Wales" The theft was so apparent
that denial was absurd, yet three diff
ferent courts refused to admit the
claim of infringement. Finally the ex
pressions of indignation became so gen.
eral that a cancellation of the native
trademark was secured at the patent
office on the ground of general similar
ity. An infringement upon the trade
mark of Lea & Perrins' sauce has also
been revoked in the same manner.
In this connection it may be ex-
planned that the Japanese patent Of
flee does not recognize proprietary
rights in a trademark, but does ac-
cept the priority right. This makes 1t
imperative for foreign manufacturers
who intend to introduce their goods In
this country to register their trade
marks in Toxic before someone else
gets ahead of them. Two cases in
point are those of the Congo Roofing
company and the NJ A. Seed Dry Plate
company. Both of these concerns
failed to register their trademarks and
placed their accounts with japanese