A Treatise On the Law of Trade-Marks And Analogous Subjects : (Firm Names, Business Signs, Good-Will, Labels, Etc.)

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Skeat's Etymological Dictionary defines it as follows : " An exact copy. Short iov factum simile. * Copied per factum simile'; see quotation in Todd's Johnson. — Lat. factum, neut. of fac- tus, made ; and simile, neut. of similis, like." Webster's Dic- tionary gives substantially the same derivation, and adds: " An exact copy or likeness, as of handwriting." Worcester's Dictionary further gives : " That which is made exactly like ; an exact copy of any writing, engraving, or other work of art."... It is not so easy to define the term as used in the statute. Where an applicant claims any device, such as may be, and generally is, printed on labels, there is no difficulty; for the thing presented is necessarily exactly like other im- pressions from the same type, plate, or block. But where the symbol is moulded in the glass of bottles, or stamped by a die in heavy metal, then the rule of common sense requires that as exact a copy as possible under the circumstances should be made on paper, so as to be attached to the state- ment, just as in a design-patent application a drawing is made of ornamental configurations for bulky articles of manufac- ture, as stoves, furniture, or terra-cotta work.

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