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the genuine stock. Further than this the introducer may require 

 each purchaser to sign an agreement not to propagate or sell any 

 plants, roots or scions of the variety ; lout this agreement has no con- 

 nection with the trade-mark and is quite as binding without the 

 latter. There can be no doubt that a variety advertised under a 

 copyright or a trade-mark may be propagated and sold under another 

 name without liability. Further than that, it seems highly probable 

 that such a trade-marked variety could be sold under the trade-mark 

 name, but without the actual seal bearing the registered device, and 

 that injunction proceedings would not lie against parties making such 

 sales. Of course a particular court at a particular time might hold a 

 contrary opinion, but it seems quite unlikely. In conclusion I wish 

 to acknowledge the kindness of Mr. H. W. Collingwood, who has lent 

 his aid in looking this question up, and who seems to have, in gen- 

 eral, the opinion here given. 



