Reports of Patent, Design, and Trade Mark Cases, Volume 24

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Published at the Patent Office Sales Branch, 1907 - Design protection

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Page 565 - A trade mark when registered shall be assigned and transmitted only in connection with the Goodwill of the business concerned in the goods for which it has been registered and shall be determinable with that Goodwill.
Page 590 - In an inquiry like the present, (the applicant) does not hold the same position which he would have occupied if he had been defending himself against an action for infringement. There the onus of showing that his trade mark was calculated to mislead rests, not on him, but upon the party alleging infringement; here, he...
Page 560 - The fundamental rule is that one man has no right to put off his goods for sale as the goods of a rival trader, and he cannot therefore (in the language of Lord Langdale in the case of Perry v.
Page 187 - Page-Wood, who declared that good will included 'all that good disposition which customers entertain towards the house of business identified by the particular name or firm, and which may induce them to continue giving their custom to it.
Page 372 - At the hearing no evidence shall, except by leave of the court or a judge, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered.
Page 500 - If one man will use a name, the use of which has been validly appropriated by another, he ought to use it under such circumstances and with such sufficient precautions that the reasonable probability of error should be avoided, notwithstanding the want of care and caution which is so commonly exhibited in the course of human affairs.
Page 393 - On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant ; and they respectively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the Court or a judge to have been proven or to have been reasonable and proper, without regard to the general costs of the case.
Page 502 - ... it is hardly necessary to say that, in order to entitle a party to relief, it is by no means necessary that there should be absolute identity.
Page 385 - No company shall be registered under a name identical with that by which a subsisting company is already registered, or so nearly resembling the same as to be calculated to deceive...
Page 79 - ... such design or any fraudulent or obvious imitation thereof, in the class or classes of goods in which such design is registered, for purposes of sale to any article of manufacture or to any substance artificial or natural...

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