The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1889-09-22
CHAPTER LXxIII.


An act to provide for the adoption of la
DelS, trademarks and forms of adver-
Using by associations or unions of work
ingmen, and to regulate the same.
1: Be it enacted by the Senate and Gen
eral Assembly of the State of New Jersey,
That it shall be lawful for associations
and unions of workingmen to adopt, for
their protection, labels, trademarks and
forms of advertisement, announcing that
goods manufactured by members of such
ASSOCIATIONS or unions are as manufacv
tured.
2. And be it enacted, That all persons
counterfeiting such labels, trademarks or
forms of advertisements, shall be guilty
of misdemeanor, punishable on convic-
ton by imprisonment for term of not
less than three months nor more than one
year, or by fine of not less than one
hundred dollars nor more than five hun
dred dollars, or both
Q. And be it enacted, That every person
who shall use any counterfeited label,
trademark or form of advertisement of
such unions or associations, knowing The
same to be counterfeited, after having
been notified in writing. by the owner
thereof or his or its agent that the same is
counterfeited, shall be guilty of misde-
meanor, punishable by imprisonment for
q term of not less than three months nor
more than one year, OF by fine of not less
than one hundred dollars nor more than
five hundred dollars, or both; provided,
that such notice in writing contains a
copy, counterpart or fac-simile of such
label, trademark or form of ADVERTISE
ment.
l. And be it enacted, That every Such
association or union adopting q label,
trademark or form of advertisement as
aforesaid, shall file the same in the Office
of the Secretary Of State by leaving two
copies, counterpM'tS or fac-similes thereof,
with said Secretary of State, who shall,
under his hand and seal, deliver to the
association or union filing the same, a GER
tifcate of record, for which he shall re-
ceive fee of twenty-five cents.
5. And be 1t enacted, That every such
association or union adopting @ label,
trade mark or form of advertisement as
aforesaid may proceed, by suit, in courts
OF this State to enjoin the manufacture,
use, display or sale OF any such counter
feits, and that all courts having juris-
diction thereof shall grant an injunction
to restrain and prevent such manu-
tacture. use, display or sale, and shall
award the compliments such damages
resulting from such wrongful use as may
be proved, and shall require the de-
PENDANTS to pay to the party injured the
profits derived from such wrongful use
or both profits and damages; and the
court shall also order all such counter
feits in the possession or under the con
troll of the defendant in such case to be
delivered to an officer of the court OF TO
the complainant, TO be destroyed
g. And be it enacted, That in like man
ner such unions or associations shall be
authorized to proceed against all persons
who shall Wrongfully use or display the
genuine labels, trade marks or forms OF
advertisements OF the respective associa-
tions or unions not being authorized by
such associations OF unions to use or dis
play the same.
z. And be it enacted, That all acts and
parts of acts inconsistent with the provi-
sions OF this act be and they are hereby
repealed.
g. And be it enacted, That this act shall
take effect Immediately.
Approved March 81, 1880