The Bridgeport times and evening farmer., 1919-09-04

] has handed down a decision which 1 must rank as epochal in Interna- tional trade.
 The decision, in unqualified terms, upholds every essential of trademark rights guaranteed under Japan's treaty agreement with the United States. IL safeguards not only American trademark owners, bu. owners also in every other country having similar treaty | agreements a with Japan. It places the spirit of the law of Japan on plane equal to that occupied by Western peoples, and 1t affects. di- rcct1y and most favora bly,. manu- | featuring interests involving annual production amountir~ to billions of dollars.
 The trademark concerned il the litigation is that of the Miller Lcck Company, of Philadelphia. The very existence of this mark is due to the evil practice of piracy of good will, as good will inheres, in a trade name representing the con suminE publiC's sole means of i1en- tifying any meritorious article or product
 I-sG of Trade Name.
 For a number of years the Miller Lock Company manufactured a line of padlocks branded "Protec- tor, Jr." Sale of Protector, Jr., padIocks. in several sizes, became general not only i1 the United States and Canada, but throughout the civilized and even uncivilized countries of the world. In 1904 a European manufacturer produced padlocks of the same shape, named ~Fr4.1 zs,d trade mark rights in the stolen name The Miller Lock Company, having at the time no registration of its Protector, IT," mark in that country, was compelled to change 10 a new trademark, in the form of a scroll containing the name Miller" This Rade mark was registered in the U. s. Patent Office, October 8, 1906, and in 36 other countries, date of reglstra- tion in Japan being March 26, 1907.
 The discovery was made in 1916 that the Crown Lock Company, of Tokyo, Japan, was manufacturing limitations of the Miller padlocl1s and stamping them with a fac-simile scroll containing, in one instance, the word Grown" and, in another, the word Million"
 Beginning of Suit.
 Legal proceedings against the in- ringing company were begun in the Japanese Patent Office at Tokyo, and the fight, undertaken with stern resolve to end definitely, if possible, all invasions against trade mark rights. was based upon the weakest aspect of the owners con tention. Instead of alleging in- rv-s,- fr,r rr the word Million" they claimed redress against the infringement committed by means of the scroll containing the word Grown"
 The Miller Lock Companys averment, therefore, claimed prac- ticaHy on the scroll alone, and risked much by it's voluntary choice. But on the other hand, it put squarely up to the administration of Japa- nese law and treaty rights the es- sential principles involved in trade mark suits and called for a definition of unfair trade competf- ton which must be on a par with the spirit and the administration of the law in the most advanced and just of Western countries. Tn a | word, the fight was not one wholly of self-interest; t was undertaken
  and for Japan's welfare no less than that of other countries.
 The material interests directly in- volved had grown, meanwhile, to world wide magnitude. The Crown Lock Company's imitation padlocks | were being exported and sold in competition with the genuine article in China, India, Australia, South America.-wherever a market could be made on the strength of the good will created by the genuine trade mark and the genuine pad locks.
 American Claim Sustained.
 The Japanese Patent Office sus- tained the American owners of the trade mark. The Crown Lock Company forthwith appealed to the Supreme Court of Japan to set aside the decision of the Patent office The litigation then appeared | in its true light, as a fight for the essential principles underlyins | trade mark treaty rights. A deci- | sion favorable to the American | ton. under full penalty of law, Of | Japanese infringement of foreign | trade marks registered in Japan. The most distinguished legal talent | of the Empire was engaged in the | struggle, and court and Patent Of | flee records were searched exhaus- | lively for precedents. The decision | reaches the United States at the | time when Japanese padloclxs, bear | ing a fraudulent scroll, are invading | Canada.
 It may be stated, briefly, that the | Supreme Court of Japan, in its de- | cision. has taken a liberal view of l the Japanese Empires trade mark [ treaty agreement with the United | States-a view which is in full ac- cord with the attitude of the courts | in this country. Every American owner and, indeed, every other | owner of a trademark duly regis l tered fin Japan is assured now that the courts of Japan will give him l protection in the broad spirit Cf the treaties and the law.
 Court Took Liberal View.
 The question at issue was not one of the Japanese Supreme Courts readiness to enforce liter ally the terms of the trade mark | treaty agreement, but rather, ! whether the Courts interpretation of those terms would be in the broad and liberal spirit of Ameri 1 can ans other Occidental courts. |