 | Austin Abbott - Civil procedure - 1857
...it is sufficient to say that in all cases where a trade-mark is imitated, the essence of the wrong consists in the sale of the goods of one manufacturer or vendor, as those of another ; and it is only when this false representation is directly or indirectly made,... | |
 | William Wait - Actions and defenses - 1878
...In all cases where rights to the exclusive use of a trademark are invaded, the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another. And it is only when this false representation is directly or indirectly made that... | |
 | Law reports, digests, etc - 1906
...only confusion, if any, results from a similarity of the names and not from the manner of the use. The essence of the wrong in unfair competition consists...for those of another, and, if defendant so conducts his business as not to palm off its goods as those of complainant, the action fails." As the case now... | |
 | Law reports, digests, etc - 1902
...v. Illinois Watch Case Co., 179 US 665, 21 Sup. Ct. 270, 45 L. Ed. 365 : "The essence of the wrong consists in the sale of the goods of one manufacturer or vendor for those of another." And again: "Such circumstances must be made out as will show wrongful intent in fact, or justify that inference... | |
 | Law reports, digests, etc - 1903
...unfair dealing, whether there be a technical trade-mark or not. The essence of the wrong consists of the sale of the goods of one manufacturer or vendor for those of another. * * * But where an alleged trademark is not In itself a good trade-mark, yet the use of the word has... | |
 | Law reports, digests, etc - 1889
...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, and that it is only when this false representation is made that the party who... | |
 | United States. Supreme Court - Law reports, digests, etc - 1901
...against unfair dealing, whether there be a technical trademark or not. The eseenee of the wrong consiste in the sale of the goods of one manufacturer or vendor for those of another. If a plaintiff has the absolute right to the use of a particular word or words as a trademark, then,... | |
 | Law reports, digests, etc - 1914
...accorded against unfair dealing, whether there be a technical trade-mark or not. The essence of the wrong consists in the sale of the goods of one manufacturer or vendor for those of another. * • * In Reddaway v. Banham [1896] AC 199, • * * Lord Herschell, referring to Witherspoon v. Currle,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1891
...to the exclusive use of a trademark 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 ; and that it is only when this false representation is directly or indirectly... | |
 | 1903
...Company,3 Chief Justice Fuller, in speaking for the court, says tersely : " The essence of the wrong consists in the sale of the goods of one manufacturer or vendor for those of another." Taken by themselves, these various statements of the principle of relief against unfair competition... | |
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