The Law of Trade Marks and Their Registration, and Matters Connected Therewith: Including a Chapter on Goodwill, Together with Appendices Containing Precedents of Injunctions, Etc., Trade Marks Registration Acts, 1875-7, and the Rules and Instructions Thereunder, the Merchandise Marks Act, 1862, and Other Statutory Enactments, the United States Statute, 1870, and the Treaty with the United States, 1877, with a Copious Index |
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Page xxxiv
... intention on the part of the infringer , even though the latter has not placed the name upon his goods , if he has otherwise so acted as to produce deception ; that in the case in question the Plaintiffs had shown a prima facie case ...
... intention on the part of the infringer , even though the latter has not placed the name upon his goods , if he has otherwise so acted as to produce deception ; that in the case in question the Plaintiffs had shown a prima facie case ...
Page 5
... intention , the remedy being obtainable if the defen- dant's conduct has been such as to produce the effects of fraud , though he may , in fact , have acted in perfect innocence . Court's inter- It is , however , " no part of the duty ...
... intention , the remedy being obtainable if the defen- dant's conduct has been such as to produce the effects of fraud , though he may , in fact , have acted in perfect innocence . Court's inter- It is , however , " no part of the duty ...
Page 9
... intention . At Common Law , at all events until the Judicature Fraudulent Acts , it was necessary to prove knowledge of the plaintiff's rights and intentional deception on the part of the defendant ( d ) to obtain an injunction in ...
... intention . At Common Law , at all events until the Judicature Fraudulent Acts , it was necessary to prove knowledge of the plaintiff's rights and intentional deception on the part of the defendant ( d ) to obtain an injunction in ...
Page 19
... intention can be pro- duced , such unfair conduct will be restrained , even though the free use of the man's own name may be thereby hindered ( b ) . And the Criminal Law also admits of the punishment of such fraudulent user of a man's ...
... intention can be pro- duced , such unfair conduct will be restrained , even though the free use of the man's own name may be thereby hindered ( b ) . And the Criminal Law also admits of the punishment of such fraudulent user of a man's ...
Page 21
... intention . had been proved , both judges agreed that the case ' would have been different . Walmsley . The fact that according to these cases a man might with Ainsworth v . impunity , in the absence of proof of actual fraud , sell the ...
... intention . had been proved , both judges agreed that the case ' would have been different . Walmsley . The fact that according to these cases a man might with Ainsworth v . impunity , in the absence of proof of actual fraud , sell the ...
Other editions - View all
The Law of Trade Marks and Their Registration, and Matters Connected ... Lewis Boyd Sebastian No preview available - 2018 |
The Law of Trade Marks and Their Registration, and Matters Connected ... Lewis Boyd Sebastian No preview available - 2016 |
Common terms and phrases
34 Beav advertisement affixed aforesaid assigned Barrister-at-Law Barrows Beav Burgess calculated to deceive carats Chancery chattel or article Churton Classes 23 Common Law Company connexion copy costs cotton marks counterfeit trade mark Court Court of Chancery Court of Equity Cutlers declaration Edelsten Edition entitled Equity false firm forged or counterfeit fraud goodwill held imitation infringement injunction Inner Temple intent to defraud L. J. Ch label Leather Cloth letters Lincoln's Inn Lord Eldon Lord Langdale manner Marks Registration Act Marks Registry Office Merchandise Marks Act notice particular partner partnership patent penalties person plaintiff plate protection purchaser refused registered proprietor registrar representation respect restraining the defendant Rule sell Seton Silverlock Singer Manufacturing Sir W. P. Wood sold stamp Statement on Application Statutes thereof tion Trade Marks Registration ubi suprà United Kingdom Upmann words wrapper
Popular passages
Page 253 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.
Page 259 - An Act to repeal an Act of the present session of Parliament, intituled "An Act for the more effectual abolition of oaths and affirmations taken and made in various departments of the State, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.
Page 316 - It is understood that any person .who desires to obtain the aforesaid protection must fulfil the formalities required by the laws of the respective countries. In witness whereof the Undersigned have signed the present Declaration, and have affixed thereto the seal of their arms* Done at London, the...
Page 240 - ... and, if served by post, shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post...
Page 54 - Court thinks fit. (2) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved. (3) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Comptroller.
Page 284 - Court shall award, to sufler such punishment by imprisonment for not more than two years, with or without hard labour, or by fine, or both by imprisonment, with or without hard labour, and fine, and also by imprisonment until the fine (if any) shall have been paid and satisfied.
Page 154 - ... he so uses it to represent the goods sold by himself as the goods of the person whose name he uses; but where the defendant sells goods under his own name, and it happens that the plaintiff has the same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence, in each case, whether there is false representation or not.
Page 285 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...
Page 23 - QUARTER SESSIONS. — Leeming & Cross's General and Quarter Sessions of the Peace. — Their Jurisdiction and Practice in other than Criminal matters. Second Edition. By HORATIO LLOYD, Esq., Recorder of Chester, Judge of County Courts, and Deputy-Chairman of Quarter Sessions, and HF THURLOW, of the Inner Temple, Esq., Barrister-at-Law. 8vo. 1876. It 1«.