A Treatise On the Law of Personal Property

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21 Upton, Trade-marks, pp. 46, 47; Deringer v. Plate, 29 Cal.
292; Filley v. Fassett, 44 Mo. 168; Candee v. Deere, 54 111. 439; Bradbury v. Beeton, 39 Law J. Rep. Ch. (N. S.) 57.
22 Hall V. Barrows, 8 L. T. (N. S.) 227, on appeal, 9 L. T. (N. S.) 561; Brown, Trade-marks, § 252.
23 Van Beil t. Prescott, 82 N. Y. 630; Derringer v. Plate, 29 Cal.
292; Upton Trade-marks, pp. 46, 47.
24Hoxie V. Chaney, 143 Mass. 592, 58 Am. Rep. 149; Morgan v.
Rogers, 19 Fed. Rep. 596; Hegeman & Co. v. Hegeman, 8 Da
...ly, 1; Matter of Swezy, 62 How. 215; Walton v. Crowley, 3 Blatchf.
C. C. 440; The Leather Cloth Co. v. The Am. Leather Cloth Co., § 59.J INFRINQEMENT. 95 abstract trade-mark is not assignable when disconnected with the thing designated by it; the right either to manu- facture or sell the merchandise to which the mark has been applied must go with it, or no title will vest in the as- signee; the original proprietor can transfer no greater right than that possessed by himself, which is, simply, the exclusive right to use the mark to designate, and distin- guish from articles of the same general character, the mer- chandise which he manufactures or sells.^' So, also, property in a trade-mark will pass by opera- tion of law.


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