Fabrique des Crayons Koh-I-Noor, L. & C. Hardtmuth, s.a.r.l. v. Koh-I-Noor Tuskarna L. & C. Hardtmuth, Narodni Podnik.

Abstract

Jurisdiction — Territorial limits of — Foreign confiscatory legislation — Effect on assets situate abroad — Situs of trade — marks and trade names — Effect of expropriation on trade — marks registered in State of forum and trade name in use in State of forum — The law of Norway.

Nationality — Acquisition of — Effect on nationality of inhabitants of compulsory naturalization measure passed by Occupation authorities — German Ordinance of 1939 — Effect on nationality of Czech inhabitants.

War — Effects of outbreak of — On enemy property and other rights — Post — war legislation providing for taking over of enemy and ex — enemy property — Whether nationalization measure passed in Czechoslovakia in 1945 was legislation of this nature.

Recognition of acts of foreign States — Legislative acts — Effect of confiscatory legislation — Partnership business expropriated in Czechoslovakia — Position of trade-marks registered in State of forum — International registration of trade-marks by Czechoslovak National Enterprise substituted for expropriated firm — Use by National Enterprise of trade name of firm in State of forum — Paris Convention for the Protection of Industrial Property, 1925, Article 10 — Whether French company subsequently formed by former partners entitled to sole right to use trade name in State of forum — Effect of delay in seeking remedy — The law of Norway.