 | Connecticut. Supreme Court of Errors - 1886 - 666 páginas
...same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence in each case, whether there is false representation or not." Rogers & Brother t>. Rogers. Considered in the ordinary course of trade, it is a contradiction of terms... | |
 | Connecticut. Supreme Court of Errors - 1887 - 664 páginas
...same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence in each case whether there is a false representation or not." Of this, in Massam v. Thorley's Cattle Food Co., LR, 14 Ch. Div., 748,... | |
 | Owen Davies Tudor - 1860 - 934 páginas
...he so uses it to represent the goods sold by himself as the goods of the person whose name he uses. It is a question of evidence in each case whether there is a false representation or not." III. 903, per Turner, LJ This is well illustrated in the principal... | |
 | 1882 - 624 páginas
...same name, it docs not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence in each case whether there is false representation or not." Where there is a resemblance but not absolute identity of names, "in every case the court must ascertain... | |
 | 1880 - 554 páginas
...same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence in each case whether there is fulso representation or not." That I take to bo the accurate description of the law which was really... | |
 | Lewis Boyd Sebastian - 1878 - 430 páginas
...aggrieved is entitled to obtain an injunction against such use of the name (a), t>ut he must _prove clearly the fraudulent intent, and " it is a question...business, and the addition of "and Co. " to the name, " H. Fullwood," the plaintiffs trade name being " R J. Fullwood & Co." In another case ('/), the defendant,... | |
 | 1885 - 858 páginas
...and where this is so the person aggrieved is entitled to an injunction against such use of the name, but he must prove clearly the fraudulent intent, and...question of evidence in each case whether there is a false representation or not." 84 THE ONTARIO REPORTS, 1884. Many of the cases, I think, show that... | |
 | R. S. Mushet - 1885 - 274 páginas
...same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence in each case whether there is false representation or not:" per Turner, LJ, in Burgess v. Burgess, supra. In short, the adoption of a name as a trade mark was... | |
 | 1886 - 948 páginas
...same name, it does not follow that the defendant is selling his goods as the goods of the plaintiff. It is a question of evidence, in each case, whether there is false representation or not." Considered in the ordinary course of trade, it is a contradiction of terms to say that a man selling... | |
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... he so uses it to represent the goods sold by himself as the goods of the person whose name he uses; but where the defendant sells goods under his own name, and it happens that the plaintiff has the same name, it does not follow that the defendant... 
