The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-21

| tense was committed, LOT any ueuulte
period not less than six months, and shall
be fined in any sum not exceeding one
thousand dollars
SEC. ,. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing
is correct copy of an act of the General
Assembly 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 Z, 1892.
CHAPTER 357.
AN ACT to protect associations and unions
of workingmen and persons in their la
bells, trademarks and forms Of advertis-
ing, and punish offenders for violation
of the same.
SECTION l. Be it enacted by the Gen
eral Assembly of Maryland, That whenever
any person, association or union Of work
ingmen have adopted, or shall hereafter
adopt for their protection any label, trade
mark or form of advertisement announcing
and denoting that goods to which such la
libel, trademark or form Of advertisement
shall or may be attached were manufactured
by such person or by member or members
of such association or union, it shall not be
lawful for any person or corporation to
counterfeit or initiate such label, trade mark
or form of advertisement. Every person
violating this section shall be deemed guilty
of misdemeanor, and shall, upon convlc-
ton by any court having criminal jurlsdic-
ton, be punished by imprisonment IN the
city or county Jail for not less than three
months nor more than one year, or by
fine of not less than one hundred dollars nor
more than five hundred dollars, or both, in
the discretion of the court.
SEC 3 And be it enacted, That every
person, corporation or association who shall
use any counterfeit or imitation Of any
label. trademark or form of advertisement
of any such person, union or association,
knowing the same to be counterfeit or I'M
itation, he shall be guilty of Il misdemeanor,
and shall, on conviction by any court having
criminal jurisdiction, be punished by i'm
prisonment in the city or county Jail for a
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 hundred
dollars. or both, in the discretion of the
court, and the burden of proving that the
defendant did not know the true character
of the said label, trade mark or form Of
advertisement and that he used the same
in good faith shall be on the defendant.
SEC. 3. And be it enacted, That every
such person, association or union that has
heretofore adopted or shall hereafter adopt
a label, trademark or form of advertisement
as aforesaid may file the same for record in
the office of the Secretary of State by leav-
ing two copies, counterparts or fac-simlles
thereof, with the Secretary Of State, and
said secretary shall deliver to such person,
association or union so filing the same duly
attested certificate of the record of the
same, for which he shall received fee of
one dollar Such certificate Of record shall
be, in all suits and prosecutions under this
act, sufficient proof OF the adoption or 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 mis-
taken for Il label already of record, Of which
question the said secretary shall be the
judge.
SEC. 4. And be it enacted, That every
such person, association or union adopting
Il label, trader mark or form of advertise
ment 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 injunctions to restrain such manufac-
turc, use, display or sale, and shall award
the complainant in such suit such damage
resulting from such wrongful manufacture,
use, display Or sale as may by said court be
deemed Just and reasonable, according to
the evidence in the case, and shall require
the defendants to pay such persons, associ-
ations or unions the profits derived from
such wrongful manufacture, use, display or
sale, and in addition to court costs such
reasonable attorneys feels 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 de-
PENDANT in such case be delivered to an
officer of the court or to the complainant
to be destroyed.
Sec ). And be it enacted, That every
person who shall use or display the genuine
label, trademark or form of advertisement
Of any such person, 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, or by a fine of not less
than fifty dollars nor more than two hun
dred dollars; or both, in the discretion of
the court,
SIC. 6. And be it enacted, That any
person or persons who shall in any way use
the name or seal of any such person, asso-
citation or union or officer thereof, in and
about the sale of goods or otherwise, not
being authorized to use the same, shall be
guilty of a misdemeanor, punishable on
conviction by Imprisonment in the city or
county Jail for a term of not less than three
months nor more than one year, or by a
fine of not less than fifty dollars nor more
| than three hundred dollars, or both, in the
discretion of the court.
Sec. Z. And be it enacted, That all the
acts and parts of acts inconsistent with this
act are hereby repealed
SEC. s. And be it enacted, That this
act shall take effect from the date of its
passage.
We hereby certify that the aforegoing is
correct copy of an act of the General
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