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INDEX.

ABANDONMENT. See ACQUIESCENCE-PERFORMANCE-PUBLICATION.

ABRIDGMENT,

copyright in, 18, 19, 65-70, 142

difference between, and a compilation, 59, 66
mere copy of portions of original, not an, 19
bona fide, protected, 65, 68

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
cannot evade common law right, 4, 65

ABSTRACT OF TITLE TO REAL PROPERTY,
leading case, 59

ACCOUNT (COPYRIGHT),

claim for, should be endorsed on writ, 192
incident to the plaintiff's other relief, 203, 204
subordinate to the injunction, 203

not granted where injunction refused, 204

but defendant may be ordered to keep, 195, 205
cannot be claimed in addition to damages, 206

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
none where defendant acted in ignorance, 327
or where plaintiff guilty of laches, 327
method of taking, 327

ACQUIESCENCE (COPYRIGHT),

what amounts to, 201

bars plaintiff's remedy, 201, 204
proof of, 202

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
consolidation of, 193

against maker of a fair abridgment-none, 65. See ABRIDGMENT.
by designer of a map, chart, or plan, 64

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
CHANCERY DIVISION.

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
book employed as an, may be protected, 74
costs in action for infringing, 228

ADVERTISEMENT (TRADE MARKS),

collection of words, amounting to, 257

AGENT (COPYRIGHT),

for sale, cannot obtain injunction, 193

AGREEMENT BETWEEN AUTHORS AND PUBLISHERS,
may be personal to the parties, 147

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
may take proceedings, when, 304

ALMANACK (COPYRIGHT),

interim injunction to restrain infringement of, 195
See CALENDARS.

AMENDMENT (COPYRIGHT),

of register, 151

of pleadings, 215

AMENDMENT (TRADE MARKS),
of register, 250, 264

ANALOGOUS RIGHTS (TRade Marks),

on what principle protected, 231

examples of, 231, 273

definition of, 233

ANIMUS FURANDI AND GUILTY KNOWLEDGE (COPYRIGHT),
not as a rule necessary to be proved in civil cases, 34, 39, 40, 41
must be proved against vendor of pirated book, 31, 40, 171

but not against printer or importer, 31, 40, 171

must be proved against vendor, under 8 Geo. 2, c. 13, 179
but not under 17 Geo. 3, c. 57, 41, 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"
of a book, 51

must be proved on indictment for a cheat at common law, 184

must be proved in action for penalties or damages under the Designs
Act in certain cases, 186, 187

absence of, to be pleaded under Newspaper Libel Act, 1881, 83
advisable to be proved in certain cases, 41

allegation of, in statement of claim, 219

under the Designs Act, 223

for infringement of acting right, 226
American law with respect to, 41

ANIMUS FURANDI AND GUILTY KNOWLEDGE (Trade Marks),
must be shown in action at common law, 293

allegation of, in statement of claim, 322

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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
name of, where affixed to engravings in lieu of that of first pro-
prietor, 89

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
independently of the statute, 156

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 sculpture, 161

in dramatic pieces and playright, 160

in designs, 159

at common law, need not be in writing, 3, 4, 155
difference between and mere license, 146, 147

limited, 161, 162

seizure and sale under fi. fa., does not amount to, 3, 163
by bequest, 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
not registered, defence, 217

parol, motion for injunction based on, 194
American law relating to, 164

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.

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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),
action against, 298

BANKRUPTCY (COPYRIGHT),

copyright passes to trustee in, 163
but not author's manuscript, 163

BEQUEST (COPYRIGHT),

transmission of copyright by, 163
in the case of playright, quare, 163

BLASPHEMOUS PUBLICATIONS,
what are, 27

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
American law, 44

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
of paintings protected at common law, 92
See COMPILATIONS.

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