Registrants.

Ward & Co.

Ware, Marshall, & Co.

Ware, Jr., Preston
Warfield, Alex.

Warfield & Co.
Warren, Edwin A.

Waters, C. & W. A.

Waterston & Son, George

Watson, R. H.

Wattles, Joseph W.

Wattson & Clark1
Wayne, Edward S..

Weaver, James E.

.

"WX C" in a parallelogram . .
"Wayne's Diuretic Elixir of Bu-
chu, Juniper," &c.

Pearl wheat, letters "J. E. W.,'
and two ears of wheat.

Webber & Co., J. T.. Cut of mortar, having the words

"Webber's Strengthening Bit-
ters" . . .

Lubricating oil. 145

Hair-restorer
Gin..

Sealing-wax.

Druggists' sun-
dries .. 831

Suspenders and

elastic webbing 50 Superphosphate 60

Whittaker & Sons, F. . Five-pointed star, letter "W," and

Woodbury, Edward W. Figure “A” of a cigar, with label attached, words "Industria Del Tobacco," &c.

Worcester Co. Free In

..

stitute of Industrial Science . .

Monogram of "W. and S.," artist's
palette, a trefoil on a circular
disk, &c.

Worth, Judson G.

Woman carrying a tray with cup

Medicine

174

385

do.

386

526

York & Co., George H. Scroll, and monogram "G. H. Y.

Young & Co., George T. do. do.

& Co."
Name, and "Liquid Enamel Paint' Paint
Name, and" Always Ready for Use" do.

Young & Co., Charles H. “ Metropolitan - Dressing".

do.

do. do. Young, John B...

Zeilin & Co., J. H.2.*.

Zoller & Little

1 See §§ 68-70, 450, ante.

"Paris Dressing

"Crown Brand Leather Stuffing".

Autographs, monogram, &c. . .
Rising sun, and words "Rising.
Sun"

Blackings

2 Many errors are connected with this case. The specification speaks of "a wrapper or label as a trade-mark for said medicine, of which the design shown in the annexed drawing is a true copy," &c. No drawing is or has been annexed. A copy of the printed label or wrapper was filed. By some fatality, that was not signed by the applicants. Singular enough, one person signed it as witness! Yet on the label there is a perfectly-valid trade-mark. All errors can yet be cured. See §§ 418, 419, ante.

OLN'S

INNLIB

INDEX.

[References are to the sections.]

ABANDONMENT,

A.

sometimes an affirmative defence, 674.

error in arguing from supposed analogies, 675.
of mark differs from that of other property, 675.
discarded symbol may be adopted by another, 677.
resumed by original proprietor, 677.

when extinguishment of trade-mark, 678.

patent cases do not furnish precedents, 679.

what amounts to, 680.

intention is the criterion, 681, 690.

non-resistance to registration by another, not fatal, 682.
what neglect operates as forfeiture, 684.

forbearance to sue is not abandonment, 685.

distinguished from neutralization of symbol, 686-688.

in one country is in law total abandonment, 689.

ABATEMENT OF APPLICATION, for defect of allegations, 572.
ABRAHAM dealt in money current with merchants, 10.

ABSTRACT SYMBOL,

no property in, 129, 311, 312, 360, 450, 588, 596, 661, 676.
therefore cannot be assigned, 361.

ABUNDANS cautela non nocet, p. 611.

"ACA" case (Amosk. Manuf. Co. v. Spear), 153–156.
recognized and registered, 235.

decree of injunction in. (See Appendix, p. 598.)

ACCESS to testimony filed, 640.

ACCOUNT IN EQUITY,

pending result defendant required to keep, 505, 507, 517, 549.
not ordered when complainant negligent, 497.

innocent vendor of spurious goods not to keep, 471.

upon decree for perpetual injunction, 660 (p. 520).

ACCURACY of definition contains much law, 84.
necessary to prevent misconception, 101.