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 23
... 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 chancellor to interfere unless the plaintiff has sustained , or there is ...
... 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 chancellor to interfere unless the plaintiff has sustained , or there is ...
Página 27
... tion of a mischief that otherwise may prove to be irreparable . This language - which has the ring of the true metal is sub- stantially that of Duer , J. , of the same court , in the Amoskeag 1 3 Duer , 624 . - - case . Fraud and damage ...
... tion of a mischief that otherwise may prove to be irreparable . This language - which has the ring of the true metal is sub- stantially that of Duer , J. , of the same court , in the Amoskeag 1 3 Duer , 624 . - - case . Fraud and damage ...
Página 37
... tion to obtain such a title . Take as an extreme hypothesis the case of the person holding the office of Archbishop of Canterbury . He could not become possessed of a title to a trade - mark , for the law inhibits him from engaging in ...
... tion to obtain such a title . Take as an extreme hypothesis the case of the person holding the office of Archbishop of Canterbury . He could not become possessed of a title to a trade - mark , for the law inhibits him from engaging in ...
Página 39
... tion begets an idea ! § 61. It is not the act of imitating that is unlawful in regard to a trade - sign or mark . Then what is the wrongful act ? It is this : the placing of that mark upon vendible goods , for the purpose of fraud . For ...
... tion begets an idea ! § 61. It is not the act of imitating that is unlawful in regard to a trade - sign or mark . Then what is the wrongful act ? It is this : the placing of that mark upon vendible goods , for the purpose of fraud . For ...
Página 47
... tion in a label or trade - mark of goods not protected by a patent , is not such a misrepresentation as to deprive the owner of his right to be protected against an infringement of his label , where the goods have from the usage of many ...
... tion in a label or trade - mark of goods not protected by a patent , is not such a misrepresentation as to deprive the owner of his right to be protected against an infringement of his label , where the goods have from the usage of many ...
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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.