Democratic messenger., 1892-06-18
Joel Cutman g. Co.
Nos. liz, III, 116, IFS. l20, 122
y. EUTAW ST.
BALTIMORE, MD.

CHAPTER 81.
I AN ACT to protect Associations and
unions of workingmen and persons in
their labels trade marks and forms of ad
veriising. and Ia punish offenders for u
violation of the same.
Section BE il enacted by the Gen
cral Assembly Of Maryland. That when
ever any person. associaIinn or union Of
workingmen have adopted. or shall here
after adopt for their protection amv la
/ bel. trade mark or form of advertisement
announcing aud drno'ing that goods To
which such label, trade mark or form Of
advertisement shall nr may he attached
were manufactured by such persons or by
member or members of such a>socin-
tiun or union. il shall not be lawful for
any person or corporation la counter
/ fcii or initiate such label, trade mark or
/ form of advertisement Every person
violating this section shall be deemed
guilty of a misdemeanor. and shall, upon
conviction bv any court having criminal
/ jurisdiction. he punished bv imprsOn-
ment in the CITY or country jail for not
less than three months nOt more than
one year. or hy a fine of not less than one
/ hundred dollars nor more than five hun.
dred dollars, or both in the discretion of
the court
Sec > Aud he i, enacted. That every
person. corporation or association who
shall use any contcrfei or imitation of
any label. trademark or form of adver-
iisement of any such person, union or
ASSOCIATION. knowing the same 10 be
counterfeit or imitation, he shall be gull
" of u msdcmeanur and shall. on con
viction hy any court having criminal
/ jurisdiction. he punished hy imprIson
ment III the city or county Jail for II term
not less than one month nor more than
one year or by fine of not less than one
hundred dollars nor more than two hun
dred dollars. or both, in the discretion of
the couri, and the burden Of proving that
the defendant did not know the true
character oi the said label. trade mark or
/ form of advertisement and that he used
/ the same in good faith shall he on the
defendant:
! Sec 3 And bc il enacted. That every
such person, association or union that
has heretofore adopted or shall hereafter
adopt label. trade mark or form Of ad-
veriisemrnt as aforesaid may file the
same for record in the office of the Sccre-
iary of State hy leaving two copIe.,
counierpaTls or fac SMILES thereof, with
the Secretary of State, and said secretary
snail deliver TO such person. association
or union so filling The same duly attestcl
certificate Of the record OF the same, inr
which he shall receive fee of one dol
! lar. SEch certificate of record shall he
in all suits and prosecutions under This
act sufficient proof of the adoption of
such label trade mark or form oi adves-
tisement. and of The rIglt of SAID person,
association or union 10 adopt the same
No label shall he recorded that probably
would be mistaken for "a label already oi
record. of which question the said srcre-
tarv shall he the Judge.
Sec. 4 And he il ennc,cd. That every
such person, association or union adopt
ing label trade mark or form oi adver-
,isement AS aforesaid may proceed by
suit to enioin the manufacture, use. dis.
play or sale OF any such counterfeit or
limitations and all courts having juris-
diciion thereof shall gran, injnnciinns To
restrain such manufacture use. display
or sale, and shall award the complainant
in such suit such damage resulting from
such wrongful manufacture. use display
or sale rs may by said court he deemed
just and reasonable according 10 The
evidence in the case. and shall require
the defendants Ia pay such persons. assO.
Citations or unions the profits derived
from such wrongful manufacture. use.
display or sale. and in addition Ia court
costs such reasonable attorneys fees ms
the court may allow, and the said court
shall alsu order that all snch countcrfeits
or limitations IN the possession or under
the control Of any defendant in such case
he delivered To an officer. of the court or
10 the complainant tO bc destroyed
Sec . And br il enacted. That every
person who shall use or display the gen.
nine label trademark or form of adver-
tisement of any such person. association
or union, In any manner not authorized
hy such person, unlon or association
shall be deemed guilty of II misdemranor
and shall. on conviction. he punished hv
Imprisonment in the city or county Jail
not less than one month nor more than
ore year. or by fine of not less than fif-
~ dollars nor more than Two hundred
dollars, or both, in the discretion OF the
court
Sec q. And he il enacted. That any
person or persons who shall in any way
use the nnme or seal oi any such person.
association or union or officer thereof in
and about the sale of goods or otherwise,
not being authorized 10 nse the same.
shall be guilty of "a mlSdemcanor. punish
able on conviction hy imprisonment, in
the city or county Jail for term of not
less than three months nor more than
one year. ar hy fine Of not less than NJ
" dollars nor more ihun three hundred
dollars. cr both, in the discretion of III"
court
Sec. :. And be il enacted. That all the
acts and parts of acts inconsistent with
this act are hereby repealed.
Sec. $. And be il enacted. That This
act shall take effect from the date Of its
passage
We hereby ccrl ify that The aiorcgoing
is correct copy of an act Of The General
Assembly of Maryland. passed January
session. 1892.
VIC PUKNELL.
Secretary ot The Senate.
CARLTON SIIAFER
Chief Clerk al The House of Delegates
Approved by The Governor, April I. 1893.
IrcspaSS Notice.
All persons permitting their stock To
/ 4 1.