§ Page 19, line 29, leave out ("to import") and insert ("in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular, or other advertisement issued to the public, as importing")
§ LORD TEMPLEMOREMy Lords, this is an Amendment to paragraph (b) of subsection (1) of Clause 15. Under the existing law a trade mark can be infringed only when the mark complained of as infringing it is used as a trade 370 mark, that is to say, as indicating the trade source of the goods concerned. A judgment of this House has shown that it is at present no infringement of a trade mark to use it in such an expression as "This is a substitute for 'X'", where "X" is the trade mark, The Bill as it stood altered the law in this respect and included such a use among infringing uses. The Amendment limits such a use, if it is to be an infringement, to a use upon or in physical relation to the goods themselves, or in an advertising circular or other advertisement issued to the public. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Templemore.)
§ On Question, Motion agreed to.