Das Recht des Markenschutzes: mit Berücksichtigung ausländischer Gesetzgebungen und mit besonderer Rücksicht auf die englische, angloamerikanische, französische, belgische und italienische Jurisprudenz

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Stahel, 1885 - Patent laws and legislation - 580 pages
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Page 74 - The office of a trademark is to point out distinctively the origin, or ownership of the article to which it is affixed ; or, in other words, to give notice who was the producer.
Page 64 - Every particular trader has some particular mark or stamp; but I do not know any instance of granting an injunction here, to restrain one trader from using the same mark with another and I think it would be of mischievous consequence to do it...
Page 304 - Where a trade mark has been removed from the register for non-payment of the fee...
Page 85 - That argument is merely a repetition of the fallacy which I have frequently had occasion to expose. Property in the word for all purposes cannot exist; but property in that word, as applied by way of stamp upon a particular vendible article, as a stick of liquorice, does exist the moment the article goes into the market so stamped...
Page 214 - La nature du produit sur lequel la marque de fabrique ou de commerce doit être apposée ne peut, dans aucun cas, faire obstacle au dépôt de la marque.
Page 475 - Act, in priority to other applicants ; and such patent or registration shall have the same date as the date of the protection obtained in such foreign State.
Page 406 - ... shall be liable for every offence on summary conviction to a fine not exceeding five pounds.
Page 80 - You may express the same principle in a different form, and say that no man has a right to dress himself in colors or adopt and bear symbols, to which he has no peculiar or exclusive right, and thereby personate another person, for the purpose of inducing the public to suppose, either that he is that other person, or that he is connected with and selling the manufacture of such other person, while he is really selling his own. It is perfectly manifest that to do these things is to commit a fraud...
Page 135 - Martin, but upon the fact of the defendant using those names in connection with certain circumstances, and in a manner calculated to mislead the public, and to enable the defendant to obtain, at the expense of Day's estate, a benefit for himself, to which he is not, in fair and honest dealing, entitled.
Page 78 - It is a property right, for the violation of which, damages may be recovered in an action at law, and the continued violation of it will be enjoined by a court of equity, with compensation for past infringement.

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