INDEX. ABANDONMENT. See ACQUIESCENCE-PERFORMANCE-PUBLICATION. ABRIDGMENT, copyright in, 18, 19, 65-70, 142 difference between, and a compilation, 59, 66 American law, 66, 69 test of bona fide, 66, 67, 69 of an abridgment, not protected, 67 of a dramatic piece, 129 for the purposes of a compilation, 56 ABSTRACT OF TITLE TO REAL PROPERTY, ACCOUNT (COPYRIGHT), claim for, should be endorsed on writ, 192 not granted where injunction refused, 204 but defendant may be ordered to keep, 195, 205 taken of net profits, 204 referring back the, 205 evidence on taking, 205 discovery in aid of, 207 acquiescence or laches, may bar right to, 204 in action for wrongful publication of private letters, 49 ACCOUNT (TRADE MARKS), writ should be endorsed with claim for, 326 ACQUIESCENCE (COPYRIGHT), what amounts to, 201 bars plaintiff's remedy, 201, 204 defence of, 218 may be explained, 202 ACQUIESCENCE (TRADE MARKS), may disentitle plaintiff to interim injunction, 297, 327 account, 327 trade marks may become publici juris by reason of, 302 ACTING. See PERFORMANCE. ACTION (COPYRIGHT), at law, 168-189 in the Chancery Division, 190-208 against maker of a fair abridgment-none, 65. See ABRIDGMENT. for detaining private letters, 45 for publication of private letters-measure of damages, 49 ACTION (TRADE MARKS), by innocent employé, 301 by vendee of goods, 301. See REMEDIES IN LAW; REMEDIES IN THE ACTUAL FRAUD. See FRAUD. ADAPTATION, of a play, by the aid of dresses, &c., 127 ADVERTISEMENT (COPYRIGHT), not protected, 73, 228 except as a species of trade mark, 74 ADVERTISEMENT (TRADE MARKS), collection of words, amounting to, 257 AGENT (COPYRIGHT), for sale, cannot obtain injunction, 193 AGREEMENT BETWEEN AUTHORS AND PUBLISHERS, generally, 147, 166 See EMPLOYER AND EMPLOYÉ. ALIENS (COPYRIGHT), title of, 136-141 American law, 140 assignment to, 158 ALIENS (TRADE MARKS), right of, to registration of trade marks, 234, 251, 304 ALMANACK (COPYRIGHT), interim injunction to restrain infringement of, 195 AMENDMENT (COPYRIGHT), of register, 151 of pleadings, 215 AMENDMENT (TRADE MARKS), ANALOGOUS RIGHTS (TRade Marks), on what principle protected, 231 examples of, 231, 273 definition of, 233 ANIMUS FURANDI AND GUILTY KNOWLEDGE (COPYRIGHT), but not against printer or importer, 31, 40, 171 must be proved against vendor, under 8 Geo. 2, c. 13, 179 under the Engravings Acts, 176, 178 under 3 & 4 Will. 4, c. 15, 42 under 25 & 26 Vict. c. 68, 181, 183 not necessary to be proved in action to restrain the use of the "title" must be proved on indictment for a cheat at common law, 184 must be proved in action for penalties or damages under the Designs absence of, to be pleaded under Newspaper Libel Act, 1881, 83 allegation of, in statement of claim, 219 under the Designs Act, 223 for infringement of acting right, 226 ANIMUS FURANDI AND GUILTY KNOWLEDGE (Trade Marks), allegation of, in statement of claim, 322 ARTICLES. See PERIODICAL-EMPLOYER AND EMPLOYÉ-NEWSPAPER. ARTIST. See AUTHOR. ASSIGNEE (COPYRIGHT), difference between, and a licensee, 146 of copyright for a limited time, 162 cannot afterwards dispose of works previously printed, 166 of copyright in paintings, &c., must be registered, 94 See PROPRIETOR; REGISTRATION. ASSIGNEE (TRADE MARKS), must claim in connection with the goodwill, 237, 244, 266 ASSIGNMENT (COPYRIGHT), of copyright in literary productious, 155, 156, 157 whether necessary to be in writing, 157, 216 in engravings, cuts, and prints, 160 in maps, charts, and plans, 160 in paintings, drawings, and photographs, 93, 94, 158 in dramatic pieces and playright, 160 in designs, 159 at common law, need not be in writing, 3, 4, 155 limited, 161, 162 seizure and sale under fi. fa., does not amount to, 3, 163 agreement for future, 163 form of, 164 receipt for purchase-money, 164 length of user, 165 assignor not entitled to reproduce after, 165 but may sell copies previously printed, 166 to a foreigner in a foreign country, 158 evidence of mesne, 158, 216 need not be produced by plaintiff, 213 registration of, before registration of proprietor, 158 parol, motion for injunction based on, 194 ASSIGNMENT (TRADE MARKS), trade marks, when incapable of, 236, 244 only in connection with goodwill, 237, 244 entry of on register, 237 where trade mark registered in a series, 237 ASSUMED NAME (COPYRIGHT), lawful, if no intention to deceive, 23 ASSUMED NAME (TRADE MARKS). See TRADE NAME. of a translation and abridgment, 142 of a serial work, 142 of an adaptation, 142 of a photograph, 94, 142 where music composed to accompany drama, 142 name of true, must be registered, 141, 150 name of, falsely used, 23, 166 refusing to deliver manuscript, 28, 148 copyright prima facie remains in, 143, 144 right of, to republish articles, 143 right of, to use studies for composition of new work of art, 96 See PROPRIETOR. BAILEE OF GOODS (TRADE MARKS), BANKRUPTCY (COPYRIGHT), copyright passes to trustee in, 163 BEQUEST (COPYRIGHT), transmission of copyright by, 163 BLASPHEMOUS PUBLICATIONS, not entitled to protection, 23, 26 BOARD OF TRADE (COPYRIGHT), appeal to, from comptroller when (designs), 187 BOARD OF TRADE (TRADE MARKS), BOOK, appeal to, on refusal of comptroller to register, 242 what the term comprises, 42, 43, 44, 62, 75, 120 infringement of copyright in, 31 action for, 170-176 printed abroad, copyright in, none, 138 dramatic piece may be a, 120 titlepage of, protected, 199 injunction as to part of, 198, 199 BOOKSELLER. See PUBLISHER. BRITISH DOMINIONS, extent of, defined, 137 foreigner must be within, "at" time of publication, 136, 137 BRITISH MUSEUM, delivering copies of books at, 176 BUSINESS. See GOODWILL. BUSTS. See SCULPTURE. CALENDARS, leading cases, 59 See ALMANACK. CARDS (COPYRIGHT), Christmas or Easter, copyright in, 91 CARRIER OF GOODS. See BAILEE OF GOODS. CASTS. See SCULPTURE. CATALOGUES, leading cases, 59 booksellers', protected, 74 of manuscripts protected at common law, 66 |