To
*
.329.ET
nit do etong si i
1.
70
I
ད
407
For
43748
Lov
13600/18
3.
An assignment of the "Fox & Duck" mark
to Mesars. Geo. Fraser Son & Co. Ltd. would involve the assignment of some portion at least of the good-will of Arnhold Karberg & Co., but the whole of that goodwill is claimed by Mesars. H. E. and C. H. Arnhold. It is true that Messrs. Geo Fraser Son & Co. Ltd. claim that Messrs. Arnhold Karberg & Co.'s half ownership was merely nominal, out that does not appear to avoid the difficulty comected with the assignment of the goodwill. It would therefore seem impossible to apply the general policy above referred to in this case until the questions raised in my Despatch No. 356 of the 7th. November, 1917, have been settled,
4.
If in spite of the claim of Meaars. H. E. and C. H. Arnhold the above trade mark is to be assigned to Messrs. Geo. Fraser Son & Co. Ltd., the difficult question as to the consideration to be paid for the mark and the good- -will, a question which is referred to in paragraph 4 of my Despatch No. 30 of the 21st. January, 1918, again arises. It will also be a matter of some difficulty to decide what particular portion of the goodwill of Messrs. Arnhold Karberg & Co. should be assigned with the trade mark, and, whatever portion is assigned, difficulties may arise in connection with the use of the "No. 2477" mark by Messrs. Geo. Richard- -son & Ob. Ltd.
5.
As questions of general policy are in- -valved, and as the particular case under discussion is one of peculiar difficulty, I have the honour to ask that I may receive specific instructions as to how to proceed.
23
I have the honour to be,
Sir,
Your most obedient, humble servant,
Amay
Governor. Mo..