:

-2-

377

į

part of the goodwill, I had discussed the matter with: my so11- citors, who most positively confirm that this is the case, and have

referred me to certain passages in "Lindley on Partnership" the recognised authority on partnership matters.

I venture to annex the extracts in question, which may be of interest as showing that the trade marks form part of the goodwill and are inseparable from it, in which case there can be no question but that the trade marks to which I have re- ferred, are the property jointly of my brother and myself, to the exclusion of our former derman partners, who were not en- titled to any portion of the goodwill of the firm.

I shall be glad if you will be kind enough to return

to me the copy of the partnership agreement at your convenience.

I am, sir.

Yours faithfully,

ambold.

Extracts from "Lindley on Partnership" 8th Mition.

Page 142. A Trade Mark when registered can be assigned and transmitted only in connection with the goodwill of the business concerned in the goods for which it is registered and is determinable with that goodwill.

Page 516. The use of partnership Trade Marks is another very important element in the goodwill of the business. Such Marka are assets of the firm saleable on a dissolution like any

F

Share This Page