Good Will, Trade-Marks And Unfair Trading

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The only thing he could ask for would be iron shovels, and he would ask for them in any market where he was. Well, then, the man who comes into the market and makes iron shovels has a right to sell iron shovels by the name by which anybody dealing with them in the market would have to call them, and therefore it is a true description of them. I can give other instances. Suppose a man makes soda lozenges or liquorice lozenges, lozenges made of soda, or made of liquorice only. He gets a name for
...his "Soda Lozenges" or "Liquorice Lozenges"; but if anybody wants to buy soda lozenges in any market what can he ask for? He cannot ask for anything else. Therefore, if a man comes into the same market, and asks for soda lozenges, or if a man says "I sell soda lozenges", he is within the definition which I first gave of usiag the correct name for 174 DECEPTIVE DESCRIPTIONS the goods. In such cases the man who sells soda lozenges, or iron shovels, cannot be enjoined against saying, "I sell, or I offer to sell, iron shovels or soda lozenges".

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