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" ... if the plaintiff makes any material false statement in connection with the property he seeks to protect, he lows, and very justly, his right to claim the assistance of a court of equity. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 271
by United States. Patent Office - 1884
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The Solicitors' Journal & Reporter, Volume 8

1864 - 1032 pages
...plaintiff' 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." Again, " Where any symbol or label, claimed as a trade mark, is so constructed or worded as to make...
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The New Reports, Containing Cases Decided in the Courts ..., Issue 40, Volume 3

748 pages
...made any material false statement in connection with the property which ho sought to protect, he lost, and very justly, his right to claim the assistance of a Court of Equity. The question then arose, What amounts to a material false representation ? Supposing that a partnership...
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Jurist: Containing Reports of All Cases Determined in Law and in ..., Part 1

1865 - 1288 pages
...plaintiff makes any material false statement in connexion with the property he seeks to protect, he loses, and very justly, his right to claim the assistance of a court of equity. The question then arises, what amounts to a material false representation? Suppose a partnership to...
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The American Law Register, Volume 8

1869 - 820 pages
...which they entertain but do not net upon, is the champion lor immaculate purity. He says: " Where any symbol or label, claimed as a trade-mark, is so constructed...property can be claimed in it ; or, in other words, the rlght to the exclusive use of it cannot be protected. The sale of the article stamped with a • false...
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Albany Law Journal, Volume 28

1884 - 550 pages
...plaintiff 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 ot equity." And again: " Where a symbol or label, claimed as a trade-mark is so constructed or worded...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 40

Ohio. Supreme Court - 1884 - 792 pages
...these authors had written was in regard to their extract of malt. It is well settled that where any symbol or label claimed as a trade-mark is so constructed...as to make or contain a distinct assertion which is untrue, a court of equity will not protect it by injunction. Leather Cloth Co. v. American Leather...
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Reports of Cases Heard and Determined by the Lord Chancellor and ..., Volume 4

Sir John Peter De Gex, Great Britain. Court of Chancery, Henry Cadman Jones, Richard Horton Smith - 1874 - 724 pages
...any * material false statement * 143 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 question then arises, what amounts to a material false representation ? Suppose a partnership to...
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The American Law Register, Volume 14; Volume 23

1875 - 842 pages
...name and mark of AB £. Co. ? I am of opinion that no such protection ought to be given. Where any symbol or label claimed as a trade-mark is so constructed...which is false, I think no property can be claimed for it, or, in other words, the right to the exclusive use of it cannot be maintained. " Property in...
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The Doctrines and Principles of the Law of Injunctions

William Joyce (of Lincoln's Inn.) - 1877 - 528 pages
...plaintiff 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 (5). And it cannot be received as a rule, either of morality or Equity, that a plaintiff is not answerable...
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The American Reports: Containing All Decisions of General ..., Volume 23

Isaac Grant Thompson - 1878 - 864 pages
...as to the fact of the person who makes, or the place of manufacture; but where any symbol, or libel, claimed as a trade-mark, is so constructed or -worded...false. I think no property can be claimed in it: or. in otheiwords, the right to the exclusive use of it cannot be maintained." •• To sell an article stamped...
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