Odger's English Common Law

610 ' INFRINGEMENT OF PATENTS, COPYRIGHTS, &C.
committed by an occasional quotation from a prior authority, especially if
the source from which it is derived is fairly acknowledged. " But if, in effect,
the great bulk of the plaintiff's publication—a large and vital portion of
his work and labour—has been appropriated and published in a form which
will materially injure his copyright, mere honest intention on the part of
the appropriator will not suffice, as the Court can only look at the result
and not at the intention in the man's mind at the time of doing the act
complained of, and he must be presumed to intend all that the publication
of his work effects." 1
But, except in the case of works of fiction, 2 a bond fide abridgment does
not constitute an infringement, if intellectual labour and independent
judgment have been bestowed on the condensation and rearrangement of
the original 3 nor ;
is " any fair dealing with any work for the purposes of
" 4 private study, research, criticism, review or newspaper summary ; nor is
" the reading or recitation in public of any reasonable extract from any
published work." 6 So writers of books bond fide intended for the use of
schools are allowed considerable latitude in reproducing short passages
from copyright books which are not intended for the use of schools. 6
If an English book is translated into French, and then the defendant
translates the French version of it into English, the sale of the re-
translation in England will be an infringement of the copyright in the
original work. 7
III. Trade Marks.
Closely resembling copyright is the right to the exclusive
use of a particular trade mark, a right which is now
entirely statutory. 8
Before January 1st, 1876, this right
could only be acquired by the actual user of the mark with-
out any substantial alteration on the same class of goods for
a considerable time ; the mark had to be such as would
distinguish its owner's goods from all other goods of the same
class, and must have been placed upon the goods themselves,
not merely on packing cases which did not reach retail
customers. But since January 1st, 1876, a new and unused
mark can be registered, provided that the applicant has a
real intention of using it upon the description of goods for
which it is registered.
1 Per Sir W. Page Wood, V.-C, in Scott, v. Stanford (1867), L. E. 3 Eq. at p. 723,
commenting on Cary v. Kearsley (1802), 4 Esp. 169.
2 Dickens v. Lee (1844), 8 Jur. 183.
8 Gyles v. Wilcox (1740), 2 Atk. 141 ; Tonson v. Walker (1752), 3 Swans. 672.
1 S. 2 (1) (i.).
i S. 2 (1) (vi.).
= S. 2 (1) (iv.).
i Murray v. Bogue (1862), 17 Jur. 219.
« See the Trade Marks Act, 1905 (5 Edw. VII. c. 16).