A Manual of Trade-Mark Cases : Comprising Sebastian's Digest of Trade-Mark Cases, Covering All the Cases Reported Prior to the Year 1879; Together With Those of a Leading Character Decided Since That Time, With Notes And References
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(15 Browne) 238. W. P. Winchester, surviving partner in the firm of "U. A. $■ W. Winchester" whose trade-mark consisted of that firm name, having taken the defendant into partnership, and died, and the defendant having subsequently continued to trade under and use that name, for some years in partnership with others, and afterwards by himself, the plaintiffs, being W. P. Winchester's executors and trustees, sold the factory and premises to a third person. Suit for an injunction to restrain the ...defendant from using the trade-mark, and an order for him to join in conveying it to the purchaser from the plaintiffs. Held, that the trade-mark had become the property of the partnership between W. P. Winchester and the defendant, on its formation, and had descended to the defendant on the death of the former, and that the plaintiffs had no right therein, and that the injunction and order must be refused. " The trade-mark is the device or symbol used to identify the ar- i See Lee v. Haley, 325 ; Lea v.
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