The Ontario Reports Volume 32

The Ontario Reports Volume 32

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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. 1901 edition. Excerpt: has been brought down to trial merely to determine who should pay the costs. I may add that there was no evidence that at the end of five years the name "Neil C. Love & Co." was of any pecuniary value to any one. ' The defendant was quite willing to discontinue it at the end of the five years but was requested by the plaintiff to continue to use it and he did so for two years longer and until shortly after he was forbidden to use it by the plaintiff, whereupon he seems to have denied the plaintiffs right to stop him from further use of it, but to have in fact discontinued its use. ' Whatever right the plaintiff might have had to restrain the defendant from using the name of "Neil C. Love & Co." as describing his business, had the plaintiff wished to begin again to carry on the business himself, I can find no authority for the position that he has any such right apart from any business at all. The name of a firm may, under certain circumstances, pass to its successors in the business as part of the goodwill, but the exclusive right to a firm name strictly as such (the name not being the actual name of the person claiming it) does not seem to be a right which can be enforced by a person who neither carries on nor intends to carry on a business under that firm name. The underlying principles seems to be that a person has primd facie and apart from special legislation the right to carry on business under any name he pleases, and it is only when by doing so he misleads the public to the injury of someone else, or when some statute prevents his doing so, that he can be restrained from using the name he has chosen. There is no contract by the defendant here not to use the name of "Neil C. Love & more

Product details

  • Paperback | 164 pages
  • 189 x 246 x 9mm | 304g
  • United States
  • English
  • black & white illustrations
  • 1236975014
  • 9781236975010