The Law of Trade Marks And Their Registration And Matters Connected Therewith

Cover The Law of Trade Marks And Their Registration And Matters Connected Therewith
The Law of Trade Marks And Their Registration And Matters Connected Therewith
Lewis Boyd Sebastian
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Ch. 57 ("Punch" and lialc v. General Nexvspaper Co. , 1 Times 296 CASES ANALOGOUS TO THOSE OF TRADE MARK.
to restrain the defendant from using the name " Post Office Directory, " and it was shown that the name had been used by- others than the plaintiff, and that the defendant had had the assistance of post office servants, it was held that no injunction could be granted (a) . So, where both plaintiff and defendant sold under the name of " Castle Album " albums illustrated with pictures of cast
...les, it was held that the name was descriptive of the thing, and that, even if the name were capable of appropriation at all, no injunction would be granted to protect it, unless it were proved that it was recognised as denoting exclusively the plaintiff's albums (^). Even if the title is not descriptive, and has been taken without alteration by the defendant, no injunction will be granted unless the plaintiff's paper has been long enough on sale to have acquired some reputation under the name (c).

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