Trade marks

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TRADE MARKS. Signs, writings or tickets put upon manufactured goods, to distinguish them from others.
     2. It seems at one time to have been thought that no man acquired a right in a particular mark or stamp. 2 Atk. 484. But it was afterwards considered that for one man to use as his own another's name or mark, would be a fraud for which an action would lie. 3 Dougl. 293; 3 B. & C. 541; 4 B. & Ad. 410. 1 court of equity will restrain a party from, using the marks of another. Eden, Inj. 314l; 2 Keene, 213; 3 Mylne & C. 339.
     3. The Monthly Law Magazine for December 1840, in an article copied into the American Jurist, vol. 25, p. 279, says, "The principle to be extracted, after an examination of these cases, appear to be the following: First, that the first producer or vendor of any article gains no right of property in that article so as to prevent others from manufacturing, producing or vending it.
     4. Secondly, that although any other person may manufacture, produce, and sell any such article, yet he must not, in manner, either by using the same or similar marks, wrappers, labels, or devices, or colorable imitations thereof, or otherwise, hold out to the public that he is manufacturing, producing, or selling the identical article, prepared, manufactured, produced, or sold by the other; that is to say, he may not make use of the name or reputation of the other in order to sell his own preparation.
     5. Thirdly, the right to use or restrain others from using any mark or name of a firm, is in the nature of goodwill, and therefore goes to the surviving or continuing partner in such firm, and the personal representative of a deceased partner has an interest in it.
     6. Fourthly, that courts of equity in these cases only act as auxiliary to the legal right, and to prevent injury, and give a relief by account, when damages at law would be inadequate to the injury received; and they will not interfere by injunction in the first instance, unless a good legal title is shown, and even then they never preclude the parties from trying the right at law, if desired.
     7. Fifthly, if the legal title be so doubtful as not to induce the court to grant the injunction, yet it will put the parties in a position to try the legal right at law, notwithstanding the suit.
     8. Sixthly, that before the party is entitled to relief in equity, he must truly represent his title, and the mode in which he became possessed of the article for the vending of which he claims protection; it being a clear rule of courts of equity not to extend their protection to persons whose case is not founded on truth."
     9. In France the law regulates the rights of merchants and manufacturers as to their trade marks with great minuteness. Dall. Dict. mot Propriete Industrielle. See, generally, 4 Mann. & Gr. 357; B. & C. 541; 5 D. & R. 292; 2 Keen, 213; and Deceit.

References in periodicals archive ?
Kate Cruse, a UK and European trade mark attorney based at the Liverpool office, said that as a firm, Forresters looks out for and supports young entrepreneurs.
A registered trade mark can last indefinitely, provided the registration is renewed every ten years, whilst a registered design can last for up to 25 years, provided it is renewed every five years.
There are several options when it comes to multi-jurisdictional trade marks filings.
The Sunrise period--for each new gTLD launched, there is a 30-day period during which rights holders who have submitted their trade mark information to the TMCH can register a domain name (e.
We submit that whilst there may be a mere sentimental objection or mere distaste to NUCKIN FUTS, this is not a sufficient ground for rejection of the Trade Mark, particularly since a substantial number of people would not find the words shocking," the submission to the Examiner said.
On 13 April 2004 Racing-Live SAS filed an application for registration of a Community Trade Mark (CTM).
We are glad the issue has been resolved to our satisfaction and we now intend to refocus our efforts and concentrate our minds on growing our business now that we have the protection a trade mark affords.
A trade mark can be seen as a badge of origin for a business that distinctively represents your goods or services.
These trade marks cover far more than you may first think.
LFC already has trade marks on "This is Anfield" and the words "You'll Never Walk Alone" above the club's logo.
Registering the mark gives the business the right to sue for trade mark infringement.