ON THE LAW OF TRADE-MARKS AND ANALOGOUS SUBJECTS, (FIRM-NAMES, BUSINESS-SIGNS, GOOD-WILL, LABELS, &c.) BY WILLIAM HENRY BROWNE, OF THE BAR OF THE SUPREME COURT OF THE UNITED STATES. PRESENTED THE HON. SOC. Entered according to Act of Congress, in the year 1873, by WILLIAM HENRY BROWNE, In the Office of the Librarian of Congress, at Washington. BODLEIA 29 APR 30 LIBRA CAMBRIDGE: PRESS OF JOHN WILSON AND SON. PREFACE. A COMPREHENSIVE collation of authorities upon the Law of Trade-marks, with a clear enunciation of the settled principles which govern it, is not to be found in any language. A long-continued experience in the application of the Law of Trade-marks, has led the author to undertake to meet this want, so generally felt by the Bench and Bar. The attention of commercial nations is becoming more fully awakened to the great subject of protection to maker and consumer, that protection which guarantees the integrity of signs of trade. As evidence of this, witness the many commercial treaties and conventions between the principal governments, and the recent introduction of the term "Trade-mark" into diplomatic compacts; and witness the stringent remedial enactments of nearly all countries in regard to the symbol of trade. Our first legislative recognition, as a nation, of the necessity for protection to Trade-marks, was the Act of Congress, July 8, 1870. It had a stimulating effect upon our own people; although the principal object that it had in view, it must be confessed, was the matter of reciprocity. Producers are beginning, generally, to realize the truth that a Trade-mark is of value, far exceeding in worth a temporary and territorially-limited patent or copyright; and they open their understanding to the fact that the longevity of the symbol of trade is equal to that of trade itself; while it also has a world-wide universality of operation. The natural right being conceded, the remedy for its violation must follow just so soon as the tribunals of justice shall have unbarred their portals to all alike. The members of the legal profession, including practitioners before the Patent Office, and all who have given the subject a thought, have a right to expect that some one will bring order out of Chaos, and reduce the theory and practice to well-defined rules, based upon adjudicated cases. In 1860, Mr. Upton published his book on the Law of Trademarks. Down to this time, that is the only American treatise upon the subject. That gentleman earned the gratitude of the profession for his extrication of the matter from the doubt and confusion in which it lay; for with us this portion of the law was then but poorly understood. Since Mr. Upton's book appeared, great progress has been made in the settlement of the rules and doctrines of Trade-marks and analogous subjects, as is attested by the fact that the greater number of adjudications thereon have since been made. In England, Mr. Lloyd put forth an excellent little treatise on the Law of Trade-marks, &c., of about eighty pages duodecimo; the greater portion of which first appeared in the "Solicitor's Journal" during the year 1861, and the early part of 1862. A second edition was issued in 1865. . In France, in 1855, was published the Code International de la Propriété Industrielle, Artistique et Littéraire, by MM.. Pataille and Huguet; and in 1865 appeared an Appendice to the same, by the former gentleman. This is a work of great merit, containing as it does much and various information in regard to treaties, commercial conventions, and other congruous matters; but to us it is limited in value, other than as a book for reference. In 1855, those gentlemen also commenced |