Reports of Patent, Design, and Trade Mark Cases, Volume 24Published at the Patent Office Sales Branch, 1907 - Design protection |
From inside the book
Results 1-5 of 100
Page 31
... admitted at trial to be invalid . - Counterclaim for damages . - Actions dismissed with costs.- Judgment for Defendant on counterclaim for royalties paid , without costs . The Plaintiffs entered into an Agreement with the Defendant to ...
... admitted at trial to be invalid . - Counterclaim for damages . - Actions dismissed with costs.- Judgment for Defendant on counterclaim for royalties paid , without costs . The Plaintiffs entered into an Agreement with the Defendant to ...
Page 32
... admitted that the Patent was invalid , and that the Defendant had not manufactured or sold machines in excess of the guaranteed minimum . The Defendant contended that the guarantee of validity was a condition entitling him to rescind ...
... admitted that the Patent was invalid , and that the Defendant had not manufactured or sold machines in excess of the guaranteed minimum . The Defendant contended that the guarantee of validity was a condition entitling him to rescind ...
Page 34
... admitted that it would come into use if the alternative device which the Defendants had installed broke down . Notice of Motion for sequestration for breach of the injunction was served on the Defendants , who subsequently altered the ...
... admitted that it would come into use if the alternative device which the Defendants had installed broke down . Notice of Motion for sequestration for breach of the injunction was served on the Defendants , who subsequently altered the ...
Page 44
... admitted that on a wide construction it was invalid . - Held , that the eighth Claim was too wide and was invalid . The appeal was dismissed with costs . BRITISH UNITED SHOE MACHINERY CO . LD . v . HUGH CLAUGHTON LD . , p . 33 . 2. New ...
... admitted that on a wide construction it was invalid . - Held , that the eighth Claim was too wide and was invalid . The appeal was dismissed with costs . BRITISH UNITED SHOE MACHINERY CO . LD . v . HUGH CLAUGHTON LD . , p . 33 . 2. New ...
Page 51
... Admission that documents related to prior user . - Order for production . -Allegation by Plaintiffs as to documents in ... admitted the possession of certain documents of the class sought to be discovered and their relevancy , they ought ...
... Admission that documents related to prior user . - Order for production . -Allegation by Plaintiffs as to documents in ... admitted the possession of certain documents of the class sought to be discovered and their relevancy , they ought ...
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Common terms and phrases
action advertisements affidavit aforesaid alleged aluminium amended appeal application busk calculated to deceive carried cars Cash Register cellulose coil Company Ld Complainers Complete Specification construction corset Court Daimler Motor Company Defendant Company Defendant's described Design device dismissed with costs entitled evidence fact flour frame granted gussets held Hugh Claughton inductive coil infringement injunction invalid invention inventor Iron Oxide Iron Oxide Tablets judgment Justice KEKEWICH Kinahan's Whisky label Lanco Letters Patent lever licence Lord Lord Ordinary machine manufacture matter means mechanism metal Midland Star Motion motor nascent oxygen nitric acid Order oxidising agent ozone Particulars of Objections Petitioners Plaintiff Company Plaintiffs plate Pomeroy prior user produced question razor referred regard relay Respondents restrain rods saddle Section sell shunt sold spanners Star Cycle Statement of Claim straight-fronted corset strop subject-matter Trade Mark trigger viscose Walter K.C. wires word Star
Popular passages
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...