A TRADE MARK PROSECUTION.

Otago Daily Times, Issue 8627, 17 October 1889, Page 4

A TRADE MARK PROSECUTION.

At the Central Police Court yesterday, a publican named Duncan M'Pherson appeared before Mr Clarke, S.M., to answer an information charging him with having committed a breach of the Trades Marks Aot. The information was laid by Louis Phillips, attorney for Joel Burke Wolfe, the proprietor of Wolfe'j Schiedam schnapps, and it set iorth that the defendant, who was the licensee of the Exchange Hotel, King and George streets, did prooure and expose for sale certain liquor with the trada mark of J. B. Wolfe falsely and 'wrongfully applied, and without lawful authority or excuse Mr Bradley appeared on behalf of the proiecution and Mr W. Eobertß, senr.. was retained by the defendant. At the outset Mr Eoberts brought forward two technical objections against the validity of the information, but theße were ovenuled by the bench. Defendant entered a plea of not guilty. Louis Phillips deposed that he was a merchant carrying on business as M. Moss and Co., in Wjnyard lane. He acted as agent in this colony for Joel Burke Wolfe, and produced his power of attorney to i aot as such, He also produced the certificate of the' trade mark for Wolfe's Schiedam schnapps, which was the property of his constituent. Bmijst Tripp deposed : that he had been employed as a bar and oellarman by defendant, and during the time he was engaged in the 3d bar he sold fluids aa Wolfe's schnapps, and dnringthe period lewas cellar man defendant gave him certain iusttuctionß in regard to bottles bearing Wolfe's trade mark. Witness stated that the defendant told him not to put Wolfe's schnapps in the 3d bar, buttotake ;he bottles that came from the 6d bar emptied, put them outside and fill them with Falcon gin, and as :hey were required in the 3d bar, to place them ihere. Sodawater was added to the gin to destroy the sweet flavour. Defendant told him to do it, and showed him how to mix the fluids. Defendant never countermanded those orders whilst witness was cellarman. On the 27th of Juno last he filled; eight bottles in the presence of a witness, and some of the bottles were sent into the 3d bar next day. Later on a quantity of the liquor mixed by him was exposed for sale. ,It then was in the bottles that had previouuly been emptied in the 6d bar, and the refilled bottles still oontinued to bear Wolfe's trade mark. Witness, in course of cross-examination, admitted that he had seen an advertisement in a newspaper to the effect that a reward would be paid by the agent of Wolfe's schnapps. to anyone giving information as to adulteration of that spirit, and he subsequently communicated with Mr Phillips. He stated that he had served some customers with the adulterated liquor that had been placed iv the bottles and represented as Wolfe's schnapps. William Griffiths, also lately employed as a cellarman by defendant, stated that in June last he saw Tripp filling bottles bearing Wolfe's labels with Falcon gin. He also sold some of the same liquor in the 3d bar. Some of the bottles filled by Trip were exposed for sale on tha counter and in the cupboard. For the defence, John Fox Turner, also a cellarman employed by defendant, depoied that during the time of his service he had never seen any fluid put into Wolfe's schnapps bottles, nor had he seen any adulteration take place. Oases of Wolfe'« schnapps were stored in the cellar. Duncan M'Phersou, the defendant, stated that he never gave Tiipp any instructions to put soda water and gin into Wolfe's schnapps bottleß. He remembered having told him to put Falcon gin into the bottles for convenience. This closed the case, and the Bench imposed the highest penalty allowed by law-viz., £5, and £2 9s 6d costs, in default 14 days imprisonment. ■ The local agentß for Wolfe's schnapps Intend to take steps against any persons who may be found infringing of Mr Wolfe's trade mark.