FOREIGN RELATIONS, 19 3 4, VOLUME III



to certain aspects of the commercial relations between the United
States and Japan, and a copy of the memorand  3b presented at that
time by the Japanese Ambassador.
  It appears that Ambassador Saito expressed the hope that further
increases in our trade barrier against certain Japanese commodities
should be given further and serious consideration before affirmative
action; among the commodities mentioned affected or threatened were
tuna fish, matches, porcelain and potteries.
  The Embassy has carefully reviewed the principal commodities
imported into Japan from the United States in an endeavor to pro-
vide the Department, if possible, with points of discrimination against
American trade which might be offset against the points raised by
Ambassador Saito. In consultation, however, with Mr. Williams,
Commercial Attache of this Embassy who has prepared a memo-
randum on the subject, it develops that due to the fact that most of
the United States exports to Japan consist of raw materials, which
can be eliminated entirely from the question of trade restriction, there
remain only items of less importance to be considered and it has not
been possible to discover any instances where American products
in Japan are meeting with the opposition that is being made in the
United States to such Japanese products as tuna fish, toys, porcelain
and pottery, matches et cetera.
  The Department, however, might wish in this connection to con-
sider the question of the indiscriminate use by Japanese manufacturers
of American trade marks and the simulation of American packages,
labels and containers. The files of the Commercial Attache show
that not only his office but many others have reported on the sale
of Japanese goods bearing infringements of American trade marks
or put up in packages or containers closely resembling those of Amer-
ican manufacture. He reports that on March 14, last, the Calcutta
Office brought to the attention of the Bureau of Foreign and Domestic
Commerce the Japanese infringement in the Indian market of trade
marks of the Simonize Company of Chicago. On February 12, the
Singapore Office reported the simulation of Parker Duofold Fountain
Pens by Japanese manufacturers which were being sold in the Straits
Settlements. The Carnation Company, under date of March 16, 1934,
complained to the Bureau of the abundance of infringements of the
Company's milk label in Japan and China. On August 11, 1933, the
Prophylactic Toothbrush Company complained of numerous Japanese
infringements of their trade marks. In Japan instances can be found
nearly every month in the Patent Journal, published by the Patent
Bureau of the Department of Commerce and Industry, of applica-
tion for trade marks which are direct infringements of American
trade marks.
Sb Ante, p. 809.



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