New Jersey Equity Reports Volume 77

New Jersey Equity Reports Volume 77

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...In Prince Manufacturing Co. v. Prince? Metallic Paint Co., 135 N. Y. 24, Mr. Justice Andrews said: "Any material misrepresentation in a label or trade-mark as to the person by whom the article is manufactured, as to the place where manufactured, or as to the 'Inaz'-erials composing it, or any other material false representation deprives a party of the right to relief in equity. The courts do not, in such cases, take into consideration the attitude of the defendant, although the defendant's conduct is without justification. This, in the view of a court of equity, affords no reason for interference. And although the false article is as good as the true one, the privilege of deceiving the public even for their own benefit is not a legitimate subject of commerce." And Lord Westbury, in Leather Cloth Co. v. American, Leather Cloth Co., 4 De G. J. d2 S. 137, said: "When the owner of a trade-mark applies for an injunction to restrain defendant from injuring his property by making false representations to the public, it is essential that the plaintiff should not, in his trade-mark or in the business connected with it, be himself guilty of any false or misleading representation; for if he makes any material false statement in connection with the property he seeks to protect, he loses and very justly, his right to claim the assistance of a court of equity." The statement of the law, by Lord Westbury, was approved on appeal by the house of lords. 11 H. L. Cas. 523. I have cited these passages for the purpose of showing that the rule as laid down by courts of the highest authority is of universal application. It is not, either in terms or because of its declared reason, confined to particular classes of...show more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236894375
  • 9781236894373