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and in such others as shall from time to time be designated by special compact between the corresponding nations.
The existing treaties generally leave the designation of all the money order offices to special conventions ; but in a general system, it should seem proper for all nations to unite in fixing and promulgating the designation of certain central offices, correspoudence with which is to be common to all.
471. The postal money orders shall be in the languages of the corresponding nations.
The French treaties prescribe the French language, providing, however, that the German shall accompany the French text, in the orders issued from the German offices.
472. There shall be charged on each remittance of funds, under this Chapter, a tax of one per cent., which shall always be paid by the sender.'
Postal money orders, and receipts or acquittances therefor, are not subject to any other tax or charge.
1 A tax of twenty centimes for ten francs, or fraction of ten francs, is provided by the convention for exchange of postal money orders between France and
Switzerland, Mar. 22, 1865, Art. II., 9 De Clercq, 205.
9 Id., 10. The convention between France and Prussia, July 3, 1865, Art. II., (9 De Clercq, 329,) is to the same effect, except that as to mandats delivered by a Prussian office, the tax is two silver groschen for every rate of three thalers.
The above treaties provide that the tax shall be divided equally between the two postal departments concerned.
The postal convention between the United States and The Swiss Confederation, Oct. 12, 1867, Art. V., (16 U. 8. Stat. at L., (Tr.,) 321,) prescribes a complicated rule involving, 1, the domestic money order charge of the despatching office; 2, a charge for international exchange to be fixed by the despatching office, and 3, the domestic charge of the receiving office; the first two to be prepaid, and the third to be paid at the office of destination.
473. If, for the internal convenience of any country, any other currency than gold shall be paid to the beneficiary of the money order, it shall be made as nearly
as practicable the equivalent of gold, according to the relative values existing at the time; and if the sender is allowed to pay for his order in any other currency than gold, the amount certified by the international office is, in all cases, to be the equivalent in gold.
Postal convention between the United States and the Swiss Confedera. tion, Oct. 12, 1867, Art. VII., 16 U. S. Stat. at L., (Tr.,) 322.
474. Postal money orders are transferable by indorsement. Convention for exchange of postal money orders between France and
Prussia, July 3, 1865, Art. I., 9 De Clercq, 329.
475. Sums, unclaimed by those entitled to them, for a period of eight years, become the property of the administration which issued the orders.
Convention for the exchange of postal money orders between France and
Prussia, July 3, 1865, Art. VI., 9 De Clercq, 329.
Italy, Apr. 8, 1864, “ V., 9 Id., 10. Compare, however, the postal convention between the United States and the Swiss Confederation, Oct. 12, 1867, Art. VIII., (16 U. 8. Stat. at L., (Tr.,) 322,) which contains a provision that sums which, after a reasonable delay, cannot for any cause be paid to the beneficiary, shall be recertified to the despatching administration, for the benefit of the sender, to be repaid in the manner conformable to the interior regulations of the country of origin.
But the administration re-certifying the same shall have the right to first deduct its domestic charge of the same amount as if the remittance had been paid to the beneficiary.
Settlement of accounts.
476. The post departments of the corresponding nations shall fix, by -special compact with each other, respectively, the times and mode of stating and settling the accounts between them, under this Chapter, and of paying the balances found due from one nation to the other.
TITLE XVI I.
The feasibility of an international patent law is questioned in the Transactions of the British National Association for Promotion of Social Science, 1862, p. 884; 1861, p. 804.
ARTICLE 477. Protection of patents.
Protection of patents.
477. The same protection which any nation extends to its own members, or to inventions, designs, or discoveries made within its limits, shall be extended upon the same terms and conditions to members of the other nations, and to inventions, designs or discoveries made in any of the other nations, except that, to secure for a work already patented in one nation protection in another, the time for registering it in the latter may be limited to three months.
TITLE XVII I.
ARTICLE 478. What may be appropriated.
What may be appropriated.
478. One who produces or deals' in a particular thing, may appropriate to the exclusive use of himself, and his successors' in interest, as a trade-mark, within any nation party to this Code, any name, form, or symbol which has not been so appropriated by another in such nation, to designate the origin or ownership thereof. But this Title does not authorize the exclusive appropriation of that which is merely either,
1. A name already enjoyed by another person,
2. A common or proper name already in use to designate the thing, or any of its qualities, or its destination; or,
3. An arbitrary sign, not signifying origin or ownership.'
"A dealer is entitled to protection, though he be not a manufacturer. Taylor o. Carpenter, 2 Sandford's Ch. (New York) Rep., 603.
A product of nature, such as the waters of a mineral spring, named and dealt in by the plaintiff, is within the principles of the law of trademarks. The Congress and Empire Spring Co. 0. High Rock Congress Spring Co., New York Court of Appeals, April 1871, 10 Abbott's Pr. (Nero York) Rep., (N. 8.,) 349.
The doctrine of trade-marks is founded on the necessity of protection for business interests. The mere assumption of a family name without any connection with trade, is not the subject of a civil action by the
English law. Du Boulay o. Du Boulay, 9 Law Rep., Prioy Council, 430; 17 Weekly Rep., 194; 38 Law Journal, Privy Council, 35; 6 Moore's Prioy Council Cases, (N. S.,) 31. Nor can one who does not produce or deal in, an article invoke the law of trade-marks to prevent the producer of, or dealer in, it from using the name of the former. Such a grievance is rather in the nature of defamation. Clark 0. Freeman, 12 Jurist, 149 ; 17 Law Journal, Ch., 142.
? The title of a newspåper is within the principle. Matsell v. Flanagan, 2 Abbott's Pr. (New York) Rep., (N. 8.,) 459; Stephens o. De Conto, 4 Id., 47. And the principle may have a local application to a particular business; e. g., to the title of a hotel Howard v. Henriques, 3 Sandford's (New York) Rep., 725; Deitz o. Lamb, 6 Robertson's (New York) Rep., 537.
In Lemoine o. Ganton, (2 E. D. Smith, 343,) it was held that, after a manufacturer had changed his trade-mark, he was still entitled to enjoin the sale by others of goods put up by them under the trade-mark which he had discontinued, thus falsely purporting to be of his manufacture.
4 The right to use a trade-mark is assignable, even when the mark is a personal one, unless it be so purely personal as to import that the thing is the manufacture of a particular person. Berry v. Bedford, 10 Jur.,(N. S.,) 503 ; 33 L. J. Chanc., 465 ; 12 W. R., 727; 10 L. T., (N. S.,) 470. In such a case the assignee's use would be deceptive, and therefore would not be protected. Leather Cloth Co. 0. American Leather Co., 11 Jur., (N. S.,) 513 ; 35 L.J. Chanc., 53; 13 W. R., 873 ; 12 Law Times, (N. S.,) 742; 11 House of Lords Cas., 523. See Article 479.
The right to use the trade mark passes, by operation of law, by an assignment of the business; thus, a sale of a mineral spring, without ex. pressly including the good-will, or the right to use particular marks, carries to the purchaser the right to use the name of the spring adopted by the former proprietors as a trade-mark. The Congress & Empire Spring Co. v. High Rock Congress Spring Co., 10 Abbott's Pr. (New York) Rep., (N. 8.,) 349.
See, also, Hudson v. Osborne, 39 Law Journal Chanc., 79.
5 The use is protected only in the places where the trade-mark is used by the plaintiff before it is used by others. Corwin o. Daly, 7 Bosworth (New York) Rep., 222.
6 Act of Congress, July 8, 1870, $ 79; Faber v. Faber, 49 Barbour, 357; S. C., 3 Abb. Pr., (N. S.,) 115.
And see Burgess v. Burgess, 3 De G. M. & G., 896 ; 17 Jur., 292 : 22 L. J. Chanc., 675; Schweitzer v. Atkins, 37 Law Jour. Chanc., 847; 16 Weekly Rep., 1080 ; 19 Law Times, (N. 8.,) 6.
i Collins Co. v. Brown, 3 Kay & Johns., 428 ; 3 Jurist, (N. S.,) 929; Amoskeag Manufacturing Co. v. Spear, 2 Sandf., 599 ; Fetridge 0. Wells, 4 Abb. Pr., 144.
The effect of this qualification will be in accordance with the English and American decisions, that the prior use or appropriation of any name or sign of either of these classes can only be protected in the case of foreign trade-marks, when accompanied by a mark sufficient to distin. guish its origin or ownership from the same name or sign when lawfully