The jurisdiction of the Court of Chancery in the protection given to trade marks rests upon property, and the Court interferes by injunction, because that is the only mode by which property of this description can be effectually protected.
Property in a trade mark is the right to an exclusive use of some mark, name or
symbol in connection with a particular manufacture or vendible commodity.
Judges:
Lord Chancellor Lord Westbury
Citations:
[1863] EngR 1050, (1863) 4 De G J and S 137, (1863) 46 ER 868
Links:
Jurisdiction:
England and Wales
Citing:
See Also – The Leather Cloth Company v The American Leather Cloth Company 7-Jul-1863
Although a trade mark is not property as such, when a business is bona fide assigned, the right to exclusive use of the trade mark will pass with it. . .
Cited by:
Appeal from – Leather Cloth Co Ltd v American Leather Cloth Co Ltd HL 1-Feb-1865
Where an individual works in a partnership the goodwill generated by his acts will in the normal course vest in the partnership.
Lord Kingsdown said: ‘Nobody doubts that a trader may be guilty of such misrepresentations with regard to his . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Torts – Other
Updated: 02 May 2022; Ref: scu.283705
