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.

Citations:

[1863] EngR 794, (1863) 1 H and M 271, (1863) 71 ER 118

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See AlsoThe Leather Cloth Company, Limited, v The American Leather Cloth Company, Limited 5-Dec-1863
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.
See AlsoLeather 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

Updated: 02 May 2022; Ref: scu.283449