Trade Mark
the name or mark under which any one trades. It is a mode of connecting certain goods in the mind of the public with a particular manufacturer or seller; and its function is to give a purchaser a satisfactory assurance of the make and quality of the article he is buying. A trade mark is the property of the person legally adopting it, and he has a right-antecedent to and independent of the various trade mark acts-to prevent any one else from using it to his prejudice.
Water marks on paper, dating from the 14th century, are among the oldest trade marks. Trade marks appear to have become a prominent feature in the industrial life of England in the early part of the 18th century. The law relating to them has pursued the following course of development: (1) At first no right of property in a trade mark was recognized, and only the actual, fraudulent, and injurious use by one person of the mark of another was restrained and punished. (2) In 1838, however, in the case of Millington versus Fox, Lord Chancellor Cottenham granted a perpetual injunction against the defendant, though no intentional fraud was established. Since that time the English Court of Chancery has uniformly interfered to prevent the infringement of trade marks on the principle of protecting property alone, and it was unnecessary for the plaintiff to prove that his rights had been intentionally invaded. (3) The Courts of Common Law did not imitate the wise liberality of the Court of Chancery, and down to 1873 proof of fraud on the part of an infringer was of the essence of a common-law
TRACY, LOUIS, an English author, born at Liverpool, in 1863. He was edu- action for damages. The Judicature Act cated privately in Yorkshire and in of 1873 provided, however, that in any France, and began journalism on the conflict between the rules of law and of Northern Echo, Darlington, and then at equity the latter should thenceforth pre- Cardiff. He went to Allahabad, India, in vail.
A India, in vail. 1889, returned to England in 1893, and helped T. P. O'Connor to start "The Sun" newspaper in London. He then traveled in the United States and India, and when the war broke out became Commandant of the Whitby District Volunteers. He came with the British War Mission to the United States in 1917, and had charge of a British propaganda bureau in New York. His works include: "The Final War"; "The Postmaster's Daughter"; "The Revellers."