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14 Bull. U.S. Trade-Mark Ass'n 185 (1919-1920)
Issue 6

handle is hein.journals/bustdmk14 and id is 189 raw text is: 







                       BULLETIN
                            OF THE

Enuiteb tates rabe=9Iark soiation
                         NEW  SERIES

Vol. 14               SEPTEMBER, 1919                     No. 6

   TRADE-MARKS IN BELGIUM DURING THE WAR

                  By  M. ALBERT  CAPITAINE
            Avocat A  La  Cour D'Appel  De  Lidge
    As may  be readily understood, the period of the war brought
to Belgium a considerable slackening of all its activities with refer-
ence to industrial property. This has been so, in the first place, in
the field of the law. Our courts and tribunals have had little litiga-
tion before them and have not rendered so large a number of inter-
esting decisions as usual. This is not because infringements have
not been numerous,  in the case  of trade-marks especially, but
because communication  in Belgium  was  difficult and foreigners
could not easily attend to the defense of their interests within our
jurisdiction. The courts elsewhere having ceased their functions
for almost a year, suits have been extremely rare.
    We  have published in the Journal de la Propridtd Industrielle
(1919, page 19) a r~sunj of all the decisions of any interest to a
foreigner in the matter of trade-marks. Here we may  refer par-
ticularly to a decision of the court of Anvers of April 19, 1914,
which declared that the mark Cat Gin, accompanied by the rep-
resentation of a cat, was infringed by the picture of a cat and the
words Brown Cat. * * * With reference to the English language
especially, attention should also be called to a judgment of the
tribunal of Brussels of November 19, 1913, and to a decree of the
court of Brussels of April 25, 1916. Under  the first decision it
was held that, for the Belgian public, there was no similarity be-
tween the words  Cerveau d'Acier and  Modern   Steel Brain.