 Every particular trader has some particular mark or stamp ; but I do not know any instance of granting an injunction here, to restrain one trader from using the same mark with another ; and I think it would be of mischievous consequence to do it.  The American Jurist: And Law Magazine - Page 2651843Full view - About this book
 | New Brunswick. Supreme Court - Equity - 1898 - 652 pages
...the charter granted to the Card Makers' Co. by King Charles I., Lord Hardwicke, in giving judgment, said: " Every particular trader has some particular...do not know any instance of granting an injunction to restrain one trader from using the same mark with another; and I think it would be of mischievous... | |
 | Law - 1901 - 570 pages
...beKinlated cases, bearing upon the subject, and that S^ot'tradewas all. marks. In 1742 Lord Hardwicke said: — " Every particular trader has some particular mark or stamp, but I do not know of any instance of granting an injunction here to restrain one trader from using the same mark with... | |
 | Harry Dwight Nims - Business - 1909 - 640 pages
...had appropriated the stamp to himself, and so considered the sole right to be in him. His lordship said: " Every particular trader has some particular...it would be of mischievous consequence to do it." He then referred to a case cited in Southern v. How,21 where an action was brought by a cloth worker... | |
 | Australia. High Court - Law reports, digests, etc - 1909 - 744 pages
...of them, so far as I know, was it used as a term of art. In Blanchardv. Hill (2) Lord Hardwicke LC, said: — " Every particular trader has some particular mark or stamp ; but I do not know of any instance of granting an injunction here, to restrain one trader from usin£ the same mark with... | |
 | Edward Sidney Rogers - Competition, Unfair - 1914 - 296 pages
...to himself. And in this respect, there is no foundation for this court to grant such an injunction. Every particular trader has some particular mark or...think it would be of mischievous consequence to do it. An objection has been made, that the defendant, in using this mark, prejudices the plaintiff by taking... | |
 | United States. Congress. House. Committee on the Judiciary - 1914 - 1174 pages
...that Lord Hardwicke in 1742 2 refused to enjoin the imitation of a trade-mark on that ground, saying: "Every particular trader has some particular mark or stamp, but I do not know of any instance of granting an injunction here to restrain one trader from using the same mark with... | |
 | Harry Dwight Nims - Competition, Unfair - 1917 - 968 pages
...had appropriated the stamp to himself, and so considered the sole right to be in him. His lordship said: "Every particular trader has some particular...it would be of mischievous consequence to do it." He then referred to a case cited in Southern v. How,11 where an action was brought by a cloth worker... | |
 | American Bar Association - Bar associations - 1920 - 852 pages
...to himself, and, in this respect, there is no foundation for this court to grant such an injunction. Every particular trader has some particular mark or...it would be of mischievous consequence to do it." In 1816 an injunction was granted to restrain a manufacturer from using, upon blacking, labels in imitation... | |
 | Law reports, digests, etc - 1863 - 918 pages
...there said : " And in this respect there is no foundation for this court to grant such an injunction. Every particular trader has some particular mark or...think it would be of mischievous consequence to do it. The Attorney-General has mentioned a case where an action at law wsi brought by a cloth-worker against... | |
 | Edward Sidney Rogers - Competition, Unfair - 2002 - 290 pages
...to himself. And in this respect, there is no foundation for this court to grant such an injunction. Every particular trader has some particular mark or...think it would be of mischievous consequence to do it. An objection has been made, that the defendant, in using this mark, prejudices the plaintiff by taking... | |
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