trade marks

TRADE MARKS. Signs, writings or tickets put upon manufactured goods, to 
distinguish them from others. 
     2. It seems at one time to have been thought that no man acquired a 
right in a particular mark or stamp. 2 Atk. 484. But it was afterwards 
considered that for one man to use as his own another's name or mark, would 
be a fraud for which an action would lie. 3 Dougl. 293; 3 B. & C. 541; 4 B. 
& Ad. 410. 1 court of equity will restrain a party from, using the marks of 
another. Eden, Inj. 314l; 2 Keene, 213; 3 Mylne & C. 339. 
     3. The Monthly Law Magazine for December 1840, in an article copied 
into the American Jurist, vol. 25, p. 279, says, "The principle to be 
extracted, after an examination of these cases, appear to be the following: 
First, that the first producer or vendor of any article gains no right of 
property in that article so as to prevent others from manufacturing, 
producing or vending it. 
     4. Secondly, that although any other person may manufacture, produce, 
and sell any such article, yet he must not, in manner, either by using the 
same or similar marks, wrappers, labels, or devices, or colorable imitations 
thereof, or otherwise, hold out to the public that he is manufacturing, 
producing, or selling the identical article, prepared, manufactured, 
produced, or sold by the other; that is to say, he may not make use of the 
name or reputation of the other in order to sell his own preparation. 
     5. Thirdly, the right to use or restrain others from using any mark or 
name of a firm, is in the nature of goodwill, and therefore goes to the 
surviving or continuing partner in such firm, and the personal 
representative of a deceased partner has an interest in it. 
     6. Fourthly, that courts of equity in these cases only act as auxiliary 
to the legal right, and to prevent injury, and give a relief by account, 
when damages at law would be inadequate to the injury received; and they 
will not interfere by injunction in the first instance, unless a good legal 
title is shown, and even then they never preclude the parties from trying 
the right at law, if desired. 
     7. Fifthly, if the legal title be so doubtful as not to induce the 
court to grant the injunction, yet it will put the parties in a position to 
try the legal right at law, notwithstanding the suit. 
     8. Sixthly, that before the party is entitled to relief in equity, he 
must truly represent his title, and the mode in which he became possessed of 
the article for the vending of which he claims protection; it being a clear 
rule of courts of equity not to extend their protection to persons whose 
case is not founded on truth." 
     9. In France the law regulates the rights of merchants and 
manufacturers as to their trade marks with great minuteness. Dall. Dict. mot 
Propriete Industrielle. See, generally, 4 Mann. & Gr. 357; B. & C. 541; 5 D. 
& R. 292; 2 Keen, 213; and Deceit.