THE LAW

OF

TRADE-MARKS AND TRADE-NAMES.

ON THE

LAW OF TRADE-MARKS
AND TRADE-NAMES,

INCLUDING

FOREIGN LAWS APPLICABLE TO BRITISH TRADE-MARKS.

BY

HENRY LUDLOW, M.A.,

LATE FELLOW OF ST. JOHN'S COLLEGE, CAMBRIDGE, AND OF LINCOLN'S INN, BARRISTER-AT-LAW;

AND

HENRY JENKYNS, M.A.,

OF BALLIOL COLLEGE, OXFORD, AND OF LINCOLN'S INN, BARRISTER-AT-LAW, ASSISTANT
PARLIAMENTARY COUNSEL.

LONDON:

WILLIAM MAXWELL & SON, 29, FLEET STREET,
Law Booksellers and Publishers.

HODGES, FOSTER & CO., AND E. PONSONBY, DUBLIN.
THACKER, SPINK, & CO., CALCUTTA; C. F. MAXWELL, MELBOURNE.

1873.

LONDON:

PRADBURY, AGNEW, & Co., PRINTERS, WHITEFRIARS.

PREFACE.

THE principal object of this work is to afford a practical treatise on a branch of law of continually increasing importance, and every effort has been made to adapt it for the use of the practitioner engaged in actual business. It will, the authors believe, be none the less serviceable to him, because it aims at taking a scientific view of the whole subject; and they hope that most of it will be understood by the beginner without difficulty, although there are parts relating to details of practice which are intended rather for the information of the practitioner than for the instruction of the student.

The English law of trade-marks is the parent of the law of Scotland and the United States. References have been made to American cases which furnish useful deductions or good illustrations. The purely Scotch cases are so very few that it has been thought well to note them in Chapter VIII. for the convenience of the Scotch practitioner.