Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1892-05-06


the Office OF the Secretary of State, by leaving
two copies couuterparts or fac-similes thereof,
with the Secretary OF State, and said secretary
shall deliver to such person, association or
union SO filing the same duly attested certifi-
cate Of the record of the same, for which he
shall receive a lee OF one dollar. Such certifi.
cate OF record shall be in all suits and prosecu-
lions under this Act sufficient proof of the
adoption OF such label, trademark or form of
advertisement, and OF the right Of said person,
association or union TO adopt the same. No
label shall be recorded that probably would
be mistaken for label already of record, of
which question the said secretary shall be the
judge.
SEC. 4. And be 1t enacted, That every
such person, association or union adopting u
label, trademark or form OF advertisement as
aforesaid may proceed by SUIT to enjoin the
manufacture, use, display or sale of any
such counterfeit, or limitations, and all courts
having jurisdiction thereof shall grant in
functions TO restrain such manufacture, use,
display or sale. and snail award the com.
plainant in such suit such damage resulting
from such wrongful manufacture, use, dis
play or sale, as may by said court be
deemed just aud reasonable, according TO the
evidence in the case, and shall require the
defendants to pay such persons, associations
or unions, the profits derived from such
wrongful manufacture, use, display or sale,
and In addition 20 court costs, suck reasonable
attorneys fees as the court may allow, and
said court shall also order that all such
counterfeits or limitations in the possession or
under the control OF any defendant in such
case be delivered to an officer of the court or
10 the complainant TO be destroyed.
SEC. &. And be 1t enacted, That every
person who shall use or display the genuine
label, trademark or form Of advertisement
Of any such perhon, association or union, in
any manner not authorized by such person,
union or association, shall be deemed guilty
of misdemeanor and shall on conviction be
punished by imprisonment in the city or
county jail not less than one month nor more
than one year, OF by u fine Of not less than
fifty dollars or more than two hundred
dollars, or both in the discretion Of the Court.
SEC. 6. And be 1t enacted That any
person or persons who shall in any way use
the name or teIl OF any such person, associa-
ton or union, or offlcer thereof, III and
about the sale OF goods or otherwise, not
being authorized 10 30 use the same, shall
be guilty OF u misdelneanors punishable on
conviction by imprisonment IN the city or
county jail Tor term OF not less than three
months or more than one year, or by'a fine OF
not less than fifty dollars nor more than three
hundred dollars, or both, III the discretion Of
the court.
SEC. Z. And be it enacted, That all the
Acts anu paris Of Acts inconsistent with this
Act are hereby repealed.
SEC. 6. And be it enacted, That this Act
shuIi lake effect from the date OF its passage.
We hereby certify that the aforegoiDg is
correct copy OF an Act of the General Assem-
bly, OF Maryland, passed January Session,
1892.
CARLTON SHAFER,
Chief Clerk OF the House OF Delegates.
w. G. PURNELL,
Secretary OF the Senate.
Approved by the Governor,
April 4, 1897.