—trademark owner may not assign trademark and then continue to engage in same business under different trademark

"But the statute contemplates that, whatever extensions of the trade-mark through extensions of business may subsequently be legitimately acquired by the assignee, he shall take over the good will of the business in which prior to assignment the trademark has been used."

—a registered trade-mark was assigned "together with all the rights, title and interest in the good will of the business in which said trade-mark had been used."

—the assignor of a trademark in gross was held divested of all rights, but on the ground that his discontinuing the use of the mark operated as an abandonment.'Supra note 25.

Thus trademark rights and goodwill cannot be assigned apart from the established business or trade in connection with which the mark is employed. Everett 0.

Assignment Upon petition to compel the recording of an assignment of the trade-mark "Pablo" for coffee, when it appeared that the assignor still sells coffee, although not under that mark, the assignment is plainly inoperative, because it is an assignment of the work only and not of the business connection therewith

—assignor "continued to conduct the business in which it has used the mark precisely as it had before, with the single exception that it affixed the mark'Electra'instead of'Radium'to the goods it sold

Later, the good will requirement became commonly understood to be fulfilled by the seller' s ceasing to sell goods of the kind previously sold under the mark

That was one of the grounds, if not the principal ground, on which the court rested its decision in the Fisk case, cited above.

Adams, Fed. Cas. No. 17, 711), but may be inferred from disuse, lapse of time, and other circumstances evidencing the intention to discontinue its distinctiveness

[CITATION] Preserve the Integrity of American Trademarks, et al., United States v …