 | Frank Mantell Adams - Trademarks - 1876 - 278 pages
...of another trader complaining of its use, and it is hardly necessary to say that to entitle a person to relief it is by no means necessary that there should be absolute identity." It has been said, however, that where the two marks are not identical, proof of a fraudulent intention... | |
 | Charles Stewart Drewry - Trademarks - 1878 - 304 pages
...that previously used by another trader complaining of its illegal use ; and it is hardly necessary to say that, in order to entitle a party to relief,...identity. What degree of resemblance is necessary, from the nature of things, is a matter incapable of definition a priori ; all that courts of justice... | |
 | Lewis Boyd Sebastian - Goodwill (Commerce) - 1878 - 430 pages
...; and, in the language of Lord Cranworth, C., in Siexo v. Provezcnde (a), " it is hardly necessary to say that, in order to entitle a party to relief,...means necessary that there should be absolute identity (b). What degree of resemblance is necessary, is, from the nature of things, a matter incapable of... | |
 | Lewis Boyd Sebastian - Goodwill (Commerce) - 1878 - 426 pages
...arise; and, in the language of Lord Cranworth, C., in Sicxo v. Provezcnde (a}, " it is hardly necessary to say that, in order to entitle a party to relief,...means necessary that there should be absolute identity (V). What degree of resemblance is necessary, is, from the nature of things, a matter incapable of... | |
 | R. S. Mushet - Trademarks - 1885 - 274 pages
...SFCT. 72. In cases of infringement the test adopted has always been the probability of deception. " In order to entitle a party to relief it is by no...necessary that there should be absolute identity. What decree of resemblance is necessary is, in the nature of things, a matter incapable of definition, a... | |
 | R. S. Mushet - Trademarks - 1885 - 264 pages
...means necessary that there should be absolute identity. What decree of-resemblance is necessary is, in the nature of things, a matter incapable of definition, a priori. All that the courts of justice can say, is that no trader can adopt a trade mark so resembling that of a rival... | |
 | Thomas McIntyre Cooley - Torts - 1888 - 1060 pages
...as that previously used by another trader complaining of its illegal use, and it is hardly necessary to say that, in order to entitle a party to relief,...identity. " What degree of resemblance is necessary from the nature of things, is a matter incapable of definition d priori. All that courts of justice... | |
 | Joseph Seymour Salaman - Trademarks - 1891 - 228 pages
...Provezende, and which are constantly quoted in Trade Mark infringement cases:—•" It is hardly necessary to say that, in order to entitle a party to relief,...nature of things, a matter incapable of definition & priori. All that Courts of Justice can do is to say that no trader can adopt a Trade Mark so resembling... | |
 | Lewis Boyd Sebastian, Harry Baird Hemming, Skinner Raymond Sebastian - Goodwill (Commerce) - 1911 - 1014 pages
...C..ttoline " : >V. If. Fair/tank Co. v. 21 SCR 267. Corns Butter Manufacturing Co., 21 PR (/) LR 1 Ch. 192. entitle a party to relief, it is by no means necessary that there should be absolute identity (a). What degree of resemblance is necessary, is, from the nature of things, a matter incapable of... | |
 | Annotations and citations (Law) - 1866 - 1202 pages
...as that previously used by another trader complaining of its illegal use, and it is hardly necessary to say that, in order to entitle a party to relief,...is, from the nature of things, a matter incapable of accurate definition a priori. All which courts of justice can do is to say that no trader can adopt... | |
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... 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. 
