"COCOAINE" case, 237, 450, 612.

CODE NAPOLEON, flexibility of, 91.

COINER of new word may use same as trade-mark, 219.
COINS, 76.

COLOR,

as an essential element of a trade-mark, 263–268, 585, 603.
one may neutralize another, 264, 585.

must be definite and certain, if essential, 266, 285.

an important circumstance in infringement case, 267, 413.
as means of deceiving the public, 268.

independent of form cannot be a trade-mark, 170, 271.
as national proprietary signs, 74.

COLORABLE infringements, 385 et seq.

COLTON DENTAL ASSOCIATION, sign case, 540.
COMBINATION, improper application of patent theory, 346, 347.
COMITY OF NATIONS, 21, 22, 301.

demands the protection of all commercial rights, 21, 22.
courtesy due to all friendly strangers, 21.

disregarded at times by France, 23.

protection of mark dependent upon, 305.

COMMERCE and manufacture, twin-sisters, 78.

trade-marks of equal antiquity, 2.

required its hieroglyphics, 12.

COMMERCIAL SIGNATURE, a trade-mark is one's, 130.
mark should be valid all over the world, 260, 689.

character, imparted by residence in foreign country, 291, 295.
COMMISSIONER OF PATENTS,

to make regulation for registration of marks, 319, 359.

not to receive or record marks not lawful, 334, 607, 657 (p. 498).
nor merely the name of person, firm, or corporation, 334.

nor one improperly claimed, 334.

to issue certificate of registration, 355.

prescribe rules, regulations, and forms for transfer, 359.
strictly follow statutes in ministerial acts, 328, 329.

acts of, not warranted by the government, 355.

has not power to cancel certificates, 624, 659 (p. 509).
may place two parties on same footing, 624.

decision of, in interference cases, final, 650.

to officially notify parties, 656.

appeal to, in person, from Examiner. (See APPEAL.)

COMMON-LAW REMEDIES FOR INFRINGEMENT, (See ACTION.)
not affected by Act of July 8, 1870, 369.

"COMPAGNIE DES PROPRIETAIRES DE VIGNOBLES" case,

599.

COMPLAINANT, in equity court,

must be free from wrong. (See CLEAN HANDS.)
residence, &c., of, in Federal courts.

dix).

(See "Pleadings," in Appen-

COMPULSORY testimony, 639.

CONCEPTION or invention of mark is not adoption. (See INVENTION.)
CONCESSION of priority of adoption, how made, 634.

assignee must join in, 634.

CONDITION PRECEDENT to registration, 282 et seq. (See PRACTICE.)
protection. (See CLEAN HANDS; PRO-
TECTION.)

CONFEDERATE STATES' notes counterfeited, 76.

CONFIDENCE indispensable to social compact, 580.
is the object of applicant's oath, 580.

"CONFORMATEUR DU TAILLEUR," sign infringement, 535.
CONGRESS,

provision to protect American watch-makers, 74.

Act of, in relation to registration of trade-marks, 278–384.
does not pretend to create trade-marks, 382.

"CONGRESS WATER" trade-mark case, 147, 598.
CONSTITUTION, power conferred on Congress by, 109.
CONTEMPT of witness before Patent Office, how punished, 639.
CONTRA NON VALENTEM agere non currit præscriptio, 686.
CONVENTION, meaning of term as used, explained, 301, 302.
"CONVEYANCE COMPANY case (name of coach), 413.
CONVICTION of perjury debars from taking oath, 321.
COPIES,

ten fac-similes of mark to be filed, 314.

of testimony, printed preferred, 641.

COPYRIGHT cannot protect a trade-mark, 109, 110.

not analogous to trade-mark, 112.

protects book as work of intellect, not as mere merchandise, 117.
difference from a trade-mark or a patent, 109, 129.

CORPORATION, protected in use of lawful mark, 282, 330.
entitled to trade-mark only as a trader, 55, 297-300, 305.

"any," limited meaning of word, 55, 297–300.

meaning of term "corporation" sometimes misunderstood, 304.
oath to be made by an officer of, 320.

who is such officer, 326.

mere name of, not a trade-mark, 334, 348, 353–354.
COSTS in infringement cases, 469, 471–472.

COUNSEL, selection of, before Patent Office, 566-567.
COUNTERFEITING,

consists, generally, in actual affixing of false mark, 334, 339.
may consist in applying mark to mere box or envelope, 440.
may sometimes be complete without actual use, 456.
workman not allowed to plead his own good faith, 456.
he is guilty who causes act to be done, 441.

Faber), 421.

COURT of competent jurisdiction, what? 368.
"CRAYONS POLYGRADES" case (Faber v.
CREDITOR'S DEED, trade-mark may pass to trustees under, 362.
“CRÈME D'ARGENT," as applied to a chemical product, 236.

CRIMINAL PROSECUTION for simulating mark, 452–455.
“CROCKETT" case (Leather Co.'s, H. of Lords), 434.

"CROWN SEIXO WINE" case, 405-406.

46

CUNDURANGO OINTMENT, C. O.," rejected, as merely descriptive,
276.

CUTLERS' CO. of Sheffield, Eng., registration of marks by, 18, App. p.

565.

D.

DAMAGES, (for measure of, generally, see Chap. XI.)
statutory provision for, in case of infringement, 334.
fraudulent registration, 367.

depends upon substantial loss to plaintiff, 499.

actual affixing of mark to goods, 334, 500.

sometimes given without proof of specific injury, 501.
no fixed and certain rule for measuring, 502.
compensatory, should be given, 503, 507.

special are not presumed, 504, 509.

must be proved, not based upon mere conjecture, 505.

intent is a prominent element in fixing, 508.

amount of, not dependent on defendant's profits, 507.

plaintiff's negligence may defeat claim to, 510.

difficulty in fixing amount in trade-mark case, 512-515.
patent and copyright cases no standard, 513-516.

exemplary, when allowed, 519-520.

DAMNUM absque injuria, 430, 431, 499, 500.

DANGER in superficially reading Trade-mark Law of 1870, 278.
"DAY & MARTIN'S BLACKING" case, 423.

"DEAD RED BALL" as a mark for a base-ball, 585.

DEBITUM et contractus sunt nullius loci, 22.

DECEIT, protection of public from, 36, 39.

DECEIVE, "calculated to," mark must not be, 320.

Patent Office will judge for itself on this point, 327.
DECEPTION of public, 36, 39, 127, 374, 393, 395, 487-491.
design of, defeats claim to remedy, 370, 374, 487–491.
equity cognizance does not depend upon this point, 37, 38, 393.
no defence that spurious article is equal to genuine, 496, 505.

DECLARATION, (See Forms of, App. p. 586.)

under oath, of exclusive right to use of mark, 320.

to be made by person, or officer of corporation, 320.

can only be made by one who is a competent witness, 321.

must state every thing that is of the essence, 591.

of interference, in what cases, 622, 633, 638.

DEFENCE, (See Chap. X.)

that complainant has been guilty of deceit. (See CLEAN HANDS.)

bad faith in lying by, 497.

negligence, 510.

to bill for injunction in the "Durham Tobacco case, 660 (p. 511).
(See Form of Answer, in Appendix, p. 597.)

DEFENCE (continued).

no defence that spurious goods are equal to genuine, 496, 505.
plaintiff's advertisements are exaggerated, 492.
manufacturer's name is fictitious, 494–495.

complainant delayed, when delay necessary, 498.

DEFINITION and nature of a trade-mark, 80–143.

of the term " trade-mark" necessary for certainty, 80.
interference," 621.

"laisser tomber dans le domaine public," 681.

DE MINIMIS non curat lex, 499.

“DEMOCRATIC REPUBLICAN NEW ERA" case, 550.
DEMURRER to applicant's case, 573.

form of. (See Appendix, p. 590.)

DENMARK, trade-mark law of, 565.

DEPOSIT of mark, not necessary to acquire and conserve title, 48–49.
DESCRIPTION of mark must be filed with application, 313.

color in application, 585.

DESIGN, is not the question, but adoption is. (See INVENTION.)
patent for, explained, 111, p. 529.

of the oath of an applicant, 580.

DESIGNATION of quality cannot be a valid mark, 162–165, 276–277.
trade or occupation, 161.

necessary name of a thing, 166–177, 345.

DEVICE for trade-mark is a matter of fancy, 87, 102.

DICTA not authorities, 84, 99, 391.

DILIGENCE, " race of," not inquired into, in registration, 352.
DIRECTOR of corporation not an officer thereof, 320.
DISAGREEMENT of judicial minds, 149.

DISCOVERY,

usually an equitable remedy, 470.

under Judiciary Act of 1789, in actions at law, 470.
in aid of forfeiture, not favored in equity, 470.
DISGUISE not generally assumed for honest object, 44.
DISSOLUTION OF PARTNERSHIP,

in absence of stipulation, each can use old firm-name, 530.
"DOLLY VARDEN" as a trade-mark, 218.

DOMICILE,

person or firm having, in United States, may register mark, 282.
term commented upon and explained, 287–296.

an essential allegation in certain applications, 287, 591.

every person has domicile somewhere, 289.

forensic, 290, 296.

national and commercial may not be identical, 295.

favorable interpretation of term, by Patent Office, 296.

necessary to enable one to sue in France, 302.

and residence not convertible term, 309.

DRAWING and filing of application, 596.
DURATION of trade-mark life unlimited, 109, 143.

“DURHAM” may, or may not be, a geographical name, 192, 657.
interference case, three opinions, 653-660.

opinion of Examiner, 657.

Commissioner, 659.

Judge Rives, 660.

E.

"EAU DE LA FLORIDE,"

infringed by "Eau de la Fluoride," 397, 450, 612.

EGYPTIANS, ancient, sign-boards of, emblem, &c., 6.

ELECTION of remedies, 506.

“ENGLISH'S BROOMS" case considered and criticised, 162–163, 597.

ENGLISH COURTS, open to alien and subject alike, 178.

66

ENGLISH EMBASSY CHEMIST," shop-sign case, 529.

royal arms, as water-marks upon paper, 6.

EMBLEMS OF OWNERSHIP, (See TRADE-MARKS.)
coeval with birth of traffic, 2.

had origin in general ignorance of reading language, 3.

as signs of ancient Egyptians, Greeks, Romans, 6.

used in all ages, among all races of men, 11.

of old-time booksellers and printers, 14, 15, 116.

pipe-makers in England, 17.

goldsmiths in England, 19.

variety of, 87.

nondescript vignettes, groups of flowers and fruits, not legal, 89.
comprehensiveness of British Act of 1862, 102, App. p. 565.
one's autograph is his emblem, 204.

EQUALITY in value of spurious with genuine goods, no defence, 496, 505.
EQUITY, (See CLEAN HANDS; PROTECTION; Forms, App.)

66

acts only when legal title is clear, 31, 451, 462, 464–465.
jurisdiction attaches only because of injury to owner of mark, 37.
when case clear, duty of equity court to act promptly, 467.

verdict at law not conclusive in equity, 464.

restrains even an innocent misuse of mark, 468, 471–472.
may compel discovery, 470.

ERVALENTA-WARTON" infringed by "Revalenta Arabica," 439.
ESSENCE OF MARK, ascertainment of, 429.

cannot consist of mere name of user, 195, 202.

designation of quality, 164.

necessary name, 166 et seq.

ESSENTIAL CHARACTERISTICS of a trade-mark, 143.

ESTIMATING DAMAGES. (See Chap. XI.)

ESTOPPEL by reason of previous declarations, 627, 631.
"ETHIOPIAN " trade-mark case, 612.

ETRUSCANS eminently skilled in arts of use and beauty, 11.
EVIDENCE, (See TESTIMONY.)

of false use of unessential elements may be important, 132.