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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...one article when they suppose they are getting another, but also upon the proprietor of the trademark, whose own dealings with the public are likely to be limited in proportion as the public are induced to deal with the fraudulent appropriator.' On these grounds the use of a trademark by one having no right to it may be enjoined and the damages may be recovered for the violation of the right to its exclusive use.' lVhat may be a trade-1nark.--Generally a man may adopt for a trade-mark whatever he chooses. Unquestionably he has a right to the exclusive use of an arbitrary or fanciful name or device first brought into use by him; ' but mere designation of a quality cannot be appropriated as a trade-mark; nor can any general description by common words of the kind of article, or its natures or qualities.' Nor, as a general thing, can a man acquire an exclusive right to his own name as a trade-mark as against others of the same name who may see fit to engage in the same business. But one will not be allowed to take advantage of the circumstance of an identity of names to withdraw trade from a rival by practicing a deception upon the public.' The name of a place may not be appropriated as a trade-mark as against others who may see lit to engage in the same business at the same place, ' though it may be as against one who at a different place undertakes to appropriate it.' The trade-mark may be applied to a natural product as well as to a manufacture.' The right to it may be sold with the business, but not without.' And if it is allowed without objection to come into common use in the trade it will be lost.' What is an 'infringement.--To constitute an infringement it is suflicient that...

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9781152503311

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