Page:The New International Encyclopædia 1st ed. v. 19.djvu/453

* TRADEMARK. •where some one attempts to deceive the public and take another person's trade by adnptini; liis trade name. A close imitation of a trade- mark may amount to an infringement, especially if there are other circumstances tending to show- that there is an intention to deceive the iniblic and take advantage of the business reputation of another. Any one who handles goods may impress his trademark upon them, and be protected in its use, if he has exercised any peculiar skill or jud<jmcnt in their selection, care, or alteration. The right to an exclusive trademark may be lost by aliandonnient. but the evidence of the inten- tion to discontinue using it must be very clear. A trademark is not generally considered to be property in the sense that it can lie taken under an execution, but it may be transferred from one person to another, unless it is of such a nature that to allow it to lie used on the goods of a person other than the one who originally adopted and used it would tend to deceive the public. The sale of a business, good will, etc., usually includes the trademarks under which goods were sold by the owners. For the law in the United States, see Browne, Loir of Trade- marks (Boston, 1885) ; for the English law, Se- bastian, Lair of Trademarks (London, 1890) ; Barclay, Lair of France Relating to Trademarks (2d ed., London, 1899). See also Copyright; Patent. TRADE-NAME. A name under which a person or corporation does business and which by user becomes so associated with the good will of the business as to be valuable. A frarfc-name is to be distinguished from a trade-mark which is affixed to or impressed on merchandise, and 'hen registered is protected by statute. The wrongful user of an established trade-name will be restrained by a court of equit.y on the ground that it constitutes fraud and deceit against the piiblie and an unlawful appropriation of some- thing which is so closely allied to the business of another as to be a species of property right. A trade-name may sometimes be registered as a trademark, and this fact is the source of the con- fusion resulting from the use of these terms as being interchangeable. The statutes of most States prohibit one corporation from adopting the same name as another and the Secretary of State should be consulted before a name is adopted for a new corpor.ation. Consult Browne, on. Trademarks (2d ed. 1898) ; also article Trade- marks. TRAD'ESCANT, John (c.l570-c.lG37). A traveler, naturalist, and gardener, said to have been born in Holland. He is thought to have made a voyage to Northern Russia in 1018, and in iri20 served against the Algorine pirates. Afterwards he Avas in the service of the Duke of Buckingham, and after the Duke's assassina- tion seems to have become royal gardener. About this time he established a physic garden and museum at South Lambeth, and was the first Englishman "who made any considerable collec- tion of the subjects of natural history." His son John (1608-62), born at Jleapham. Kent, added largely to his father's collection, and in 1037 visited Virginia, where he gathered "all vari- eties of flowers, plants, shells, etc." In 16.56 he published his Miisenni Tradeseantianuni : or a Collection of Rarities, Preserved at South Lam- Vol. XIX.— 26. 395 TRADE UNIONS. bcth, Near London. L^pon his death in 1662 the museum went by the terms of his will to Elfas Ashmole, and in 1682 became the nucleus of the Ashmolean JIuseum at Oxford. TRADE SCHOOLS. See Technical Edu- cation. TRADES UNION CONGRESS. A British federation of trade unions, organized in 1868, which has met annually since that date except in 1871. At the time of its formation the Brit- ish unions were engaged in an earnest struggle for favorable legislation, and the congress played an important part in securing the legislative victories of 1871-75. (See Trade Union.s.) Since that time it has confined itself largely to the tasks of creating a favorable public opinion, voicing the demands of organized labor, provid- ing a place for common meeting, and securing favorable Labor legislation. The last function is exercised largely through a permanent Parlia- mentary committee, the expenses of which are paid by a per capita tax upon the affiliated unions of £1 10s. per 1000 members. The Par- liamentary secretary devotes all his time to the work and receives a salary of £250 per annum. The congress itself is thus a deliberative body merel_y, but in recent yeais it has started two auxiliary federations — the Labor Representation Committee (q.v. ) and the General Federation of Trade Unions. ( See Trade Unions, The General Federation of.) At the thirty-fifth congress, held in London in 1902, 198 societies, with 1,- 400.000 members, were represented. The total iii'^ome for the year was £2.010. TRADE UNIONS. "The term 'national trade union,' " says the Federal statute provid- ing for the incorporation of trade unions, "in the meaning of this act shall signify any asso- ciation of working people having two or more branches in the States or Territories of the L'nited States for the purpose of aiding its mem- bers to become more skillful and efficient work- ers, the promotion of their general intelligence, the elevation of their character, the regulation of their wages and their hours and conditions of labor, the protection of their individual rights in the prosecution of their trade or trades, the raising of funds for the benefit of the sick, dis- abled, or unemployed members, or the families of deceased members, or for such other object or objects for which Avorking people may lawfully combine, having in view their mutual protec- tion or benefit." No definition less complete than the above is sufticient fully to indicate the complex character of the trade union, since the trade union has always been an insurance asso- ciation and a social and educational club, as well as "a continuous association of wage- earners for the purpose of maintaining or im- proving the conditions of their employment," as Beatrice and Sidney Webb define it. History. The connection between the modern trade union and the journeymen clubs of the Middle Ages is a matter of dispute. Through- out the later Middle Ages, and with compara- tive frequency after the fourteenth century, traces are encountered of journeymen clubs — the German Schcnken. the French confri'ries de compagnons — which maintained a more or les3 continuous e.xistence. regulated ajiprenticeship,