INDEX.

NOTE. The black figures with the prefix (s.) refer to the sections of the Act.
The abbreviations, P.R., L.O.R., J.C.R., D.R., T.M.R., refer to the
Patents Rules, Law Officers' Rules, Judicial Committee Rules, Designs
Rules, and Trade Marks Rules respectively, and the numbers appended
to these abbreviations refer to the numbers of the Rules. The other figures
refer to the pages of this book.

ABANDONMENT

of application for patent, 7

for registration of trade mark (s. 63), 157

of opposition to, T.M.R. 29, 289

ACCEPTANCE

of application for patent, 6

notice to be given to applicant, 6

of complete specification, 8

not conclusive as to sufficiency, 10

to be advertised, 10

inspection to be then allowed, 10, P.R. 26, 216

ACCOUNT OF PROFITS (s. 30). See DAMAGES, EXTENSION

old rule of no injunction no account, 120

may now be had in any Division of the High Court of Justice, 121
plaintiff cannot have both account and damages against same defendant, 121
but may have both for same article, though against different persons, 121
against manufacturer does not license article in hands of purchaser, 54
extends not only to direct profits, but also to collateral benefits, 121
and to pecuniary value of saving caused to defendant by use of inven-
tion, 122

but such saving must be alleged and proved, 122

but not to plaintiff's loss by the infringement, 122

not directed if clear that no profit was made, 122

practice as to in Courts of Common Law under Act of 1852, 122

amount due under, not unliquidated damages under Bankruptcy Act, 122
inspection not ordered in taking, 122

but books must be produced, 123

and interrogatories may be administered.

and this though appeal pending, 123

See DAMAGES, DISCOVERY

but in certain cases proceedings may be stayed pending appeal,

123

plaintiff failing to surcharge defendant one-sixth ordered to pay costs of,
123

effect of delay or acquiescence on, 105, 123

difference between patent cases and trade mark cases as to, 123

in form of inquiry, 124

in effect of delay, 123

in certain cases of infringement in ignorance, 123

ACCOUNT OF PROFITS-continued

granted instead of damages if damage not submitted to jury, 126
in respect of what period taken, 126

in cases of delay, 123

when amount to be paid, 126

on application for extension.

ACQUIESCENCE

See EXTENSION (ACCOUNTS)

may be a bar to interlocutory injunction, 104

not necessarily bar at trial, 105

but may be ground for refusing account of profits, 105

or of distinct and separable part, 51

assignee of two undivided moieties, 52

cannot be brought by mere licensee alone, 52

whether by one co-owner of undivided share, qu., 52

or by exclusive licensee alone, 52, 53

misjoinder unimportant, 50

registration where necessary (s. 87), 182

consolidation of actions.

who to be defendants,

See CONSOLIDATION

servants of actual infringer need not be joined as defendants, 53

but may be so joined, 53

master of ship may be sued as principal, 53

but not Custom-house agent, 54

workman selected by purchaser and paid by contractor agent of con-
tractor, 54

company, 54

directors may be made personally liable, 54

foreigners, 54

but property of foreign Sovereign not interfered with, 54

may be brought against manufacturer and also against user of same
article, 54

different infringements by different persons, there must be separate
actions, 54

but several infringements by one infringer may be joined in one
action, 54

inspection in.

See INSPECTION

trial of. See TRIAL, ISSUES, JURY

may be referred to official or special referee, 58

with or without assessors, 58

Design (s. 58), 152

against retailer, must show his knowledge of want of proprietor's consent,
151, 153

error in registration no answer to, 153

what sufficient allegation of proprietorship in pleadings, 153

Trade Mark

not to be brought unless, in case of trade mark capable of being regis-
tered, mark has been registered (s. 74), 171

or in case of any other old mark registration has been refused, 172