File No. 406/99–101.
Consul-General Denby to the Third Assistant
Secretary of State.
American Consulate-General,
Shanghai, October 7,
1907.
No. 37.]
Sir: Referring to my No. 30 of September 25,
transmitting copy of a proclamation with regard to the infringement of
trade-marks published by the taotai of Shanghai at my request, I have
the honor to inclose herewith copy of a dispatch from the chargé
d’affaires at Peking, in which he states “it is unfortunate that
reference was made in the proclamation to any particular brand of
merchandise, as it detracts somewhat from the force of the general
prohibition.”
A copy of my reply to this dispatch is also inclosed, giving a probable
explanation of how the reference to the Standard Oil Company’s
trade-marks in particular was dwelt upon by the taotai.
In any case it is evident that the prohibition is broad enough to justify
the prosecution of Chinese counterfeiters of trade-marks befor the
Chinese authorities.
I have, etc.,
[Inclosure 1.]
Chargé Fletcher
to Consul-General Denby.
American Legation,
Peking, October 1,
1907.
Sir: The legation is in receipt of your No.
17 of the 25th ultimo, transmitting the text of a proclamation of
the taotai of Shanghai relative to the protection of American
trade-marks, and notes that you believe this proclamation to be
couched in satisfactory language. It is rather unfortunate that
reference was made in the proclamation to any particular brand of
merchandise, as it detracts somewhat from the force of the general
prohibition.
I am, etc.,
(Signed)
Henry P.
Fletcher.
[Inclosure 2.]
Consul-General Denby to Chargé Fletcher.
American Consulate-General,
Shanghai, October 7,
1907.
Sir: Referring to your consular No. — of
the 1st instant, I note your comment that “it is rather unfortunate
that reference was made in the proclamation
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to any particular brand of merchandise, as it
detracts somewhat from the force of the general prohibition.”
It is true that the taotai in the final paragraph of his proclamation
seems to dwell more forcibly on Standard Oil trade-marks than on
American trademarks generally, though said paragraph begins with the
statement that he has “ordered all officials under his jurisdiction
to forbid such imitations” —a general prohibition which covers all
American trade-marks.
It is to be noted that the taotai’s proclamation, issued at my
request, follows that issued on August 20 at the request of H. B. M.
consul-general, in which particular stress was laid on the
trade-marks of the British-American Tobacco Company and “soaps for
which Messrs. Burkill & Sons are sole agents” —a degree of
particularity even exceeding that of the proclamation issued at my
request. I see nothing further in the latter proclamation than the
tendency of the Chinese mind to follow precedent. It is probable
that a proclamation hereafter issued at the request of the Italian
or French authorities would dwell on the criminality of
infringements of specified products, macaroni, or wine, for example,
of those countries.
I have, etc.,
