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A Treatise on the Law of Trade-Marks: And Analogous Subjects, (Firm-Names ...
William Henry Browne
No preview available - 2015
action adopted affixed alleged appeared application appropriated authority bearing become bill called cause certificate claim color commerce common Company complainant constitute containing copy corporation court damages deceive decision defendant device Durham entitled equity established evidence Examiner exclusive exclusive right exist fact false filed firm France fraud fraudulent further genuine give given granted ground held imitation indicate infringement injunction injury intention interference judge judgment kind known label language letters manufacture mark matter means medicine merchandise nature object obtained Office opinion origin particular party patent Patent Office person plaintiff prepared present printed protection purchaser question reason regard registration remedy rule selling similar sold stamp statement statute symbol taken term thing tion trade trade-mark Tribunal true United unless witnesses words wrong
Page 390 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Page 26 - A man is not to sell his own goods under the pretense that they are the goods of another man; he cannot be permitted to practice such a deception, nor to use the means which contribute to that end. He cannot, therefore, be allowed to use names, marks, letters, or other indicia, by which he may induce purchasers to believe that the goods which he is selling are the manufacture of another person.
Page 582 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, anvthing in the rules of court to the contrary notwithstanding.
Page 258 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Page 196 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Page 582 - States shall conform, as near as may be, to the practice, pleadings, and forma and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 572 - ... that such party has at the time a right to the use of the trade-mark sought to be registered, and that no other person, firm, or corporation has the right to such use...
Page 5 - And Abraham hearkened unto Ephron; and Abraham weighed to Ephron the silver, which he had named in the audience of the sons of Heth, four hundred shekels of silver, current money with the merchant.
Page 256 - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Page 228 - Brooklyn, and weekly if in any other part of the state; but no trademark shall be filed which is not and cannot become a lawful trademark or which is merely the name of a person, firm or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by another person.