THE

LAW OF TRADE MARKS

AND THEIR REGISTRATION,

AND MATTERS CONNECTED THEREWITH;

INCLUDING

A CHAPTER ON GOODWILL.

TOGETHER

With Appendices

CONTAINING

PRECEDENTS OF INJUNCTIONS, ETC.;

THE TRADE MARKS REGISTRATION ACTS, 1875-7,

AND THE RULES AND INSTRUCTIONS THEREUNDER;

THE MERCHANDISE MARKS ACT, 1862,

AND OTHER STATUTORY ENACTMENTS;

THE UNITED STATES STATUTE, 1870,

AND THE TREATY WITH THE UNITED STATES, 1877.

WITH A COPIOUS INDEX.

BY

LEWIS BOYD SEBASTIAN, B.C.L., M.A.,

LATE EXHIBITIONER OF EXETER COLLEGE, AND VINERIAN LAW SCHOLAR IN THE
UNIVERSITY OF OXFORD, AND OF LINCOLN'S INN, ESQ.,
BARRISTER-AT-LAW.

BIBLIOTHERA

APR 1878

LONDON:

STEVENS AND SONS, 119, CHANCERY HANE,

Law Publishers and Booksellers.

1878.

LONDON:

STEVENS AND RICHARDSON, PRINTERS, 5, GREAT QUEEN STREET,

LINCOLN'S INN FIELDS, W.C.

ΤΟ

THE RIGHT HON. SIR GEORGE JESSEL,

MASTER OF THE ROLLS,

THE

Following Work

IS,

BY PERMISSION,

MOST RESPECTFULLY DEDICATED.

PREFACE.

In this book an attempt is made to present a complete view of the Law of Trade Marks in this country. It is hoped that it may at least be found to be of some service to those who have to consider the numerous questions which are now constantly arising in connexion with that branch of Law.

Where practicable, the ipsissima verba of the various learned judges who decided the cases to which reference is made are given, as it is thought that their views are best expressed in the language they themselves advisedly employed. Where the same case, as frequently happens, is reported in several places, the version quoted is that which appears in the report of most authority. Two references are given for the same case only where the one report supplements the other. The cases cited are brought down to March, 1878, in order to effect which some cases have had to be quoted which are not as yet reported in the books; in such instances the quotations are usually made from the Times reports.

A considerable number of American cases have been cited, containing the decisions of acute and practised lawyers, delivered after full consideration of English as well as American authorities. Such decisions are, it is admitted, "intrinsically entitled to the highest respect" (a); and though they are, of course, not in

(a) Per Patteson, J., in Beverley v. Lincoln Gas Light and Coke Co., 6 Ad. & E. 829-37; and see per V.-C. Bacon, in Dawson v. Bank of Whitehaven, L. R. 4 Ch. D. 639-48.