O
153
27 R.P.C. 573).
Messrs. Arnhold Karberg and Company are now as I gather, prohibited from trading in Hong Kong. The goods therefore will no longer pass through their hands, and wil) no longer mean goods of their selection or goods sold by them. It is difficult therefore, to see how they can be honestly used at the present time. It is suggested that Messrs. Arnhold Karberg & Company should give a Licence to a Mr. Webb to select and sell the goods in question and to affix the Trade Mark. Such a Licence, in my opinion, is wholly contrary to Trade Mark Law. It is a clearly defined principle that a mere Licence to use a Trade Mark is illegal. The only way in which a Trade Mark can be transferred is where a complete transfer of the goodwill of the business is made. It is possible if Messrs. Karberg & Company were to make a complete bona fide transfer of their business to Mr. Webb, different considerations might arise. This clearly, however, is not contemplated, and it is obvious that the whole
transaction is intended to keep alive Messrs. Karberg and Company's business until the end of the war.
For these reasons I am of opinion that no such permission should be granted; as it is contrary to
ordinary Trade Mark Law and would be calculated to
deceive. The question whether the Marks are registered or unregistered makes, I think, no difference from this point of view. The objection applies equally in both cases. It is high time. I think that the Manchester firms should, as far as possible, select English agents
for