The Historical Foundations of the Law Relating to Trademarks |
Common terms and phrases
action affixed appear armorers bakers Bayes Bladesmiths bread cited City of London cloth clothier Coca Cola Co Colchester common law concerning counterfeiting court of equity crown cutlers deceit defendant devices E. S. Rogers early England English entry equity Federal Trade Commission fraud good-will granted Guilds hath haue History howse Ibid indicate industry infra Introd John jurisdiction Law Merchant Leet Letter Book Lord makers manufacture McKerrow medieval merchant's mark merchants mistery modern trade-mark monopoly Monumental Brasses Norwich ordinances owner ownership patent person Pewterers piracy plaintiff printers printing Privy Council production mark property rights protection Realm records referred registration regulatory Report saith seals sell severall Sheffield sixteenth century stamped Star Chamber Stat statute supra swan tion town trade-mark infringement trade-mark law unfair competition vppon W. J. Ashley W. S. Holdsworth wares Welch
Popular passages
Page 134 - And while if the primary object of the mark be to indicate origin or ownership, the mere fact that the article has obtained such a wide sale that it has also become indicative of quality is not of itself sufficient to debar the owner from protection, and make it the common property of the trade (Burton v.
Page 114 - 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 24 - Cheepe, in manner aforesaid, to the pillory, and let him be put upon the pillory, and remain there at least one hour in the day ; and the third time that such default shall be found, he shall be drawn, and the oven shall be pulled down, and the baker made to forswear the trade within the City for ever.
Page 116 - This will be manifest when it is considered that in all cases where rights to the exclusive use of a trade-mark are invaded, it is invariably held that the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another...
Page 123 - A trade-mark only gives the right to prohibit the use of it so far as to protect the owner's good will against the sale of another's product as his.
Page 138 - The invocation of equity rests more vitally upon the unfairness. If 'B' represents that his goods are made by 'A', and if damage therefrom to 'A' is to be seen, we are aware of no consideration which makes it controlling whether this damage to 'A...
Page 113 - ... but upon an action on the case, in the nature of a writ of deceit...
Page iii - An action upon the case was brought in the Common Pleas by a clothier — that, whereas he had gained great reputation for his making of his cloth, by reason whereof he had great' utterance, to his great benefit and profit ; and that he used to set his mark to his cloth, whereby it should be known to be his cloth ; and another clothier perceiving it, used the same mark to his ill-made cloth on purpose to deceive him; and it was resolved that the action did well lie.
Page 105 - Fraud is infinite, and were a court of equity once to lay down rules, how far they would go, and no farther, in extending their relief against it, or to define strictly the species or evidence of it, the jurisdiction would be cramped, and perpetually eluded by new schemes which the fertility of man's invention would contrive.
Page 136 - The money invested in advertising is as much a part of the business as if invested in buildings, or machinery, and a rival in business has no more right to use the one than the other...