Derringer v. Plate

Citations

• 29 Cal. 292

Syllabus

<p>Right of Property in a Trade Mark.—The right of property in a trade mark is recognized by the common law, and does not in any manner depend for its inceptive existence or s'upport upon statutory law, although its exercise may be limited or controlled by statute.</p> <p>Property in Trade Mark not limited by Territorial Bounds.—The right of property in a trade mark is not limited in its enjoyment by territorial bounds, but may be asserted and maintained wherever the common law affords remedies for wrongs, subject only to such statutory regulations as may properly be made concerning the use and enjoyment of other property.</p> <p>Statute op 1863 concerning Trade Marks. — The statute of 1863 concerning trade marks does not take away the common law remedy for the protection of the same from those who do not register their trade mark according to the provisions of the Act.</p>