A Treatise on the Law of Trade-marks and Analogous Subjects: (firm-names, Business-signs, Good-will, Labels, &c.)Little, Brown, 1873 - 677 páginas |
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Página vi
... rules , based upon adjudicated cases . In 1860 , Mr. Upton published his book on the Law of Trade- marks . Down to this time , that is the only American treatise upon the subject . That gentleman earned the gratitude of the profession ...
... rules , based upon adjudicated cases . In 1860 , Mr. Upton published his book on the Law of Trade- marks . Down to this time , that is the only American treatise upon the subject . That gentleman earned the gratitude of the profession ...
Página 14
... rule , trade - marks are optional in England and France , as well as in our own country ; but there are excep- tions in connection with various kinds of business . In England , an act of Parliament empowered the Goldsmiths ' Company to ...
... rule , trade - marks are optional in England and France , as well as in our own country ; but there are excep- tions in connection with various kinds of business . In England , an act of Parliament empowered the Goldsmiths ' Company to ...
Página 18
... rules as analogous rights , like a copyright or a patent for an invention or discovery , for such property is held to ... rule . Every act of trade by which operations to an almost boundless extent are daily transacted , is essentially ...
... rules as analogous rights , like a copyright or a patent for an invention or discovery , for such property is held to ... rule . Every act of trade by which operations to an almost boundless extent are daily transacted , is essentially ...
Página 23
... rule . We must not , however , dismiss this rule from further considera- tion until we are sure that we comprehend the scope of this brief enunciation . To speak more plainly , the mere fact of fraud upon the public will not induce a ...
... rule . We must not , however , dismiss this rule from further considera- tion until we are sure that we comprehend the scope of this brief enunciation . To speak more plainly , the mere fact of fraud upon the public will not induce a ...
Página 24
... rule can be laid down as to what is or what is not a mere colorable variation . All that can be done is to ascertain , in every case as it occurs , whether there is such a resemblance as to deceive a purchaser , using or- dinary caution ...
... rule can be laid down as to what is or what is not a mere colorable variation . All that can be done is to ascertain , in every case as it occurs , whether there is such a resemblance as to deceive a purchaser , using or- dinary caution ...
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Términos y frases comunes
action adopted affixed Akron alleged Annales appear application bill certificate certificate of registry Charles Heidsieck claim color Commissioner common law complainant copy corporation counsel counterfeit Court of Cassation court of equity Court of Paris damages deceive the public decision defendant defendant's device domicile Durham emblem entitled evidence exclusive right fac-simile fact facture false filed firm France fraud fraudulent genuine good-will held imitation indicate infringement injunction injury intention interference inventor judge judgment la Prop label lawful trade-mark letters Liniment Lord Chancellor Louis Garnier M. J. Cole manu manufacture mark means medicine ment Monogram oath object obtained opopanax origin paper party Patent Office peculiar person plaintiff printed Prop protection purchaser purpose question registration remedy representation restrain rule sell similar sold stamp statute symbol term testimony thereof thing tion tobacco trade Whiskey words wrappers
Pasajes populares
Página 388 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Página 24 - A man is not to sell his own goods under the pretense that they are the goods of another man; he cannot be permitted to practice such a deception, nor to use the means which contribute to that end. He cannot, therefore, be allowed to use names, marks, letters, or other indicia, by which he may induce purchasers to believe that the goods which he is selling are the manufacture of another person.
Página 578 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, anvthing in the rules of court to the contrary notwithstanding.
Página 256 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Página 194 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Página 578 - States shall conform, as near as may be, to the practice, pleadings, and forma and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Página 568 - ... that such party has at the time a right to the use of the trade-mark sought to be registered, and that no other person, firm, or corporation has the right to such use...
Página 3 - And Abraham hearkened unto Ephron; and Abraham weighed to Ephron the silver, which he had named in the audience of the sons of Heth, four hundred shekels of silver, current money with the merchant.
Página 254 - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Página 226 - Brooklyn, and weekly if in any other part of the state; but no trademark shall be filed which is not and cannot become a lawful trademark or which is merely the name of a person, firm or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by another person.