Harrison v. Taylor, 11 Jur. (N.S.) 408. McAn drew v. Bassett, 33 L. J. marks in the plaintiff's bill mentioned, to be stamped by the plaintiffs on steel manufactured by the plaintiffs, and from manufacturing or causing to be manufactured, and also from selling or contracting to sell, any bars of steel or other pieces of steel stamped with any of the said names or marks, or any material part of any of the said marks, or any name or mark in imitation of any of the said names, or any material part of any of the said marks, be made perpetual against the said defendants respectively, and their respective servants and agents. (Pemberton on J., 238.) 40. Injunction-Trade Mark-Figure. Let an injunction be awarded to restrain the defendants, their agents, servants, and workmen, until, &c., from selling or otherwise disposing of, or exposing for sale, any packages of mustard to which the plaintiff's trade mark, or the figure of an ox, or any other figure or mark in imitation of the plaintiff's trade mark, or any label containing any such imitative mark or figure, has been or shall be affixed, and also from printing or circulating, or causing to be printed or circulated, any notices or other documents containing such imitative mark. (Pemberton on J., 239.) 41. Injunction-Trade Mark-" Anatolia.” Let the defendants, their agents and servants, be restrained until, &c., from stamping or marking, or causing or permitting to be stamped or marked, upon any liquorice manufactured or prepared (Ch.) 561. by them, the word "Anatolia," or from colourably using any other word, and also from selling or offering for sale any liquorice marked "Anatolia," not being of the plaintiffs' manufacture, and also from selling or offering for sale any liquorice or preparation of liquorice not being of the plaintiff's manufacture, so as to represent that the same has been manufactured by the plaintiffs. (Pemberton on J., 239.) Weaver, 8 L. T. 42. Injunction-Fraudulent Use of Testimonials. Franks v. Injunction in terms of amended notice of motion. That the above-named defendant, and the firm of Mander, Weaver and Com(O.S.) 512. pany, his and their servants, workmen, and agents be restrained from making, vending, or offering for sale, or in any manner disposing of any preparation, mixture, compound, or nostrum, having around or upon the same, or in connection therewith, or the bottles or other vessels containing the same, any cover, wrapper, envelope, label, bill, circular, notice, advertisement, or other formula, in the terms, or to the purport or effect of the cover, wrapper, envelope, label, bill, circular, notice, advertisement, or other formula in the plaintiff's bill, stated to have been used by the said defendant; or any other cover, wrapper, envelope, label, bill, circular, notice, advertisement, or other formula of any kind, containing any testimonial in favour of the plaintiff's medicine, or medical preparation, in the said bill described as "Franks's Specific Solution of Copaiba," or in which any statement or representation is made or contained, indicating or implying, or tending to induce the public or purchasers to suppose, that such preparation, mixture, compound, or nostrum is the same as Franks's Specific Solution of Copaiba," or referred to in connection with any preparation, mixture, compound, or nostrum, made, vended, or disposed of, by the said defendant, or the said firm, or in which any use is made of the character and reputation of the plaintiff, or his said Specific Solution of Copaiba, and from publishing or circulating, or causing to be published or circulated, or in any manner using such cover, wrapper, envelope, label, bill, circular, notice, advertisement, or formula, as aforesaid. 66 43. Injunction-Imitating Plaintiff's Line of Omnibuses. 2 Keen. 219. Let an injunction be awarded to restrain the defendant, Robert Knott v. Morgan, his servants and agents, from running, or in any manner Morgan, using, or causing to be used, for the conveyance of passengers, his omnibus, in the bill mentioned, or any other omnibus, having painted, stamped, printed, or written thereon, the words or names "London Conveyance," or "Original Conveyance for Company," or any other names, words, or devices painted, stamped, printed, or written thereon, in such manner as to form or be a colourable imitation of the names, words, and devices painted, stamped, printed, or written on the omnibuses of the plaintiffs, and let the defendant pay to the plaintiffs their costs of this application. 44. Injunction-Trade Name. Ch. 92. Let the defendant, his servants, &c., be restrained from painting Hookham or otherwise affixing the name of the plaintiff on or to the door or v. Pottage, L. R. 8 outside of the defendant's shop, or on the bill-heads, circulars, or advertisements used in his business, or from otherwise using the plaintiff's name in such a manner as to lead to the belief that the defendant was carrying on his former partnership business with the plaintiff, or that the plaintiff was in any way interested in the defendant's business. A A Scott v. (N.S.) 145. 45. Injunction-Trade Name. Injunction granted to restrain the defendants from allowing or permitting the brass plate so affixed by the defendants to the door of the premises in Regent Street, to remain affixed with any inscription thereon representing or holding out to the customers of the late partnership of Robert and Walter Scott, or to any other person whatsoever, that they are carrying on business in continuation of or in succession to the business carried on by the late firm of Robert and Walter Scott. APPENDIX B. STATUTES. 8 ANNE, c. 19. An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or Purchasers of such copies during the times therein mentioned. (Repealed, 5 & 6 Vict. c. 45, s. 1.) [1709.] 8 GEO. II. c. 13. An Act for the Encouragement of the Arts of Designing, Engraving, and Etching historical and other Prints, by vesting the properties thereof in the Inventors and Engravers, during the time therein mentioned. [1735.] WHEREAS divers persons have by their own genius, industry, Preamble. pains, and expense, invented and engraved, or worked in mezzotinto or chiaro oscuro, sets of historical and other prints, in hope to have reaped the sole benefit of their labours : And whereas printsellers, and other persons, have of late, without the consent of the inventors, designers, and proprietors of such prints, frequently taken the liberty of copying, engraving, and publishing, or causing to be copied, engraved, and published, base copies of such works, designs, and prints, to the very great prejudice and detriment of the inventors, designers, and proprietors thereof: For remedy thereof, and for preventing such practices for the future, may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the twenty-fourth day of June, After 24 which shall be in the year of our Lord one thousand seven hundred June, and thirty-five, every person who shall invent and design, engrave, 1735, the etch, or work in mezzotinto or chiaro oscuro, or, from his own historical property of works and invention, shall cause to be designed and engraved, and other etched, or worked in mezzotinto or chiaro oscuro, any historical or prints other print or prints, shall have the sole right and liberty of print vested in the inventor for 14 years. Proprie tor's name to be Penalty on print sellers or others same. ing and reprinting the same for the term of fourteen years, to commence from the day of the first publishing thereof, which shall be truly engraved with the name of the proprietor on each plate, and printed on every such print or prints; and that if any printseller, or other person whatsoever, from and after the said twenty-fourth affixed to day of June, one thousand seven hundred and thirty-five, within each print. the time limited by this Act, shall engrave, etch, or work, as aforesaid, or in any other manner copy and sell, or cause to be engraved, etched, or copied and sold, in the whole or in part, by varying, adding to, or diminishing from the main design, or shall print, pirating reprint, or import for sale, or cause to be printed, reprinted, or imported for sale, any such print or prints, or any parts thereof, without the consent of the proprietor or proprietors thereof first had and obtained in writing, signed by him or them respectively, in the presence of two or more credible witnesses, or knowing the same to be so printed or reprinted without the consent of the proprietor or proprietors, shall publish, sell, or expose to sale, or otherwise, or in any other manner dispose of, or cause to be published, sold, or exposed to sale, or otherwise, or in any other manner disposed of, any such print or prints without such consent first had and obtained as aforesaid, then such offender or offenders shall forfeit the plate or plates on which such print or prints are or shall be copied, and all and every sheet or sheets (being part of or whereon such print or prints are or shall be so copied or printed) to the proprietor or proprietors of such original print or prints, who shall forthwith destroy and damask the same; and further, that every such offender or offenders shall forfeit five shillings for every print which shall be found in his, her, or their custody, either printed or published, and exposed to sale, or otherwise disposed of contrary to the true intent and meaning of this Act, the one moiety thereof to the King's most excellent Majesty, his heirs and successors, and the other moiety thereof to any person or persons that shall sue for the same, to be recovered in any of his Majesty's Courts of Record at Westminster, by action of debt, bill, plaint, or information, in which no wager of law, essoign, privilege, or protection, or more than one imparlance, shall be allowed : Not to II. Provided, nevertheless, That it shall and may be lawful for extend to any person or persons, who shall hereafter purchase any plate or purchasers plates for printing, from the original proprietors thereof, to print of plates and reprint from the said plates, without incurring any of the from the original penalties in this Act mentioned. proprietors. Limitation of actions. III. And be it further enacted by the authority aforesaid, That if any action or suit shall be commenced or brought against any person or persons whatsoever, for doing or causing to be done any thing in pursuance of this Act, the same shall be brought within the space of three months after so doing; and the defendant and defendants, in such action or suit, shall or may plead the general |