The Portland daily press., 1893-04-03
Chapter e.6.

AN ACT to protect Persons, Associations and Unions of
workinglcn and others in their Labels, Trade Marks,
Devices and Forms IF Advert. ing.
SBcTIuN1 Whenever any person. or any association
union of workngmen has adopted and used or shall
hereafter adopt LABEL trade mark DEVICE or
OF advertisement TO indicate that goods to which
shall be attached or affixed which the shall he
printed painted, stamped or impressed, were naufac-
or by sc association or union by member
bers thereof which not before such adoption and s
lawfully adopted owned and used by another as label,
trade mark device form of advertisement. from whom
right hory to and adj pit the same had been
acquired by snc person or by such association or uno
by such member members thereof nor ccuntereit
imitation sembance thereof, it shall be unlawful to
form of ADVERTISEMENT the without the con
authority OF the person. association CT union 30
having atopteJ and used IT,
srcsr. .. Whoever knowingly and with intent to mis-
lead deceive, couptereit initiates such label
trade mark device or form Of advertisement or knowing.
ly sells any such counterfeit or imitation OF any
OF knowingly sells dsposes Of keeps, has in his
possession with intent that tue same shall be sold any
label trade mark device or form of advertisement is at
affixed which the is printed painted,
stamped pressed SHALL for the first otfense be pun
ished by fine not oxccedng hundred dollars or by
Tor less than one year. and for the second
not less than hundred hor more than hye hundred
dollars by imprisonment not less than sixty days. nor
SECT 3 Evefy such person association or union that
has heretofore adopted shall hereafter adopt label,
trade mark device form of advertisement aforesaid
shall file the for record in the office OF the secretary
state, by leaving copies, counterparts facsimes
thereof with tile secretary state together with state
ment in writing signed and sworn to by such person or
by person for and in behalf Of such association or
union stating when and by whom far as he knows and
beleves said label trade mark device or form of adver
tisement was adopted or used in what manner and for
what purpose the same is to be used and by what right he
claims The same and such other as shall serve
son. association union filing the duly attested
certificate OF the record of the for which he shall
ceive fee Of two dollars Such certificate record shall
all suits and prosecutions under this act be sufficient proof
of the adoption OF such LABEL trade mark devce or form
of advertisement No label trade mark, device form
shall be recorded that SO nearly resembles
such LABEL trade mark device form of advertisement
when in the Judgment OF the secretary of state such
resemblance exists he shall refuse to record such LABEL
trade mark, device or form of advertisement.
SECf. A. Every such person. association union that
label, device form
advertisement, aforesaid, and which has been recorded
in the Office OF the secretary OF state as herenbeore pro
display of any such c,unterfes limitations, Of
any goods to which such countereits or inatoss shalt be
affixed attaeted which the shall be pointed,
painted mmessed and all courts having Jurisdiction
thereof shall grant nunctions to restrain such maiuac-
ture display slle and shall award the complainant
in such suit such damages resulting IRON such Wrongful
manufacture, use, display sale as by said court be
deemed reasonable e, shall require the defendants
pay such person ASSOCIATION union the profits derived
from such wrongful nanufacture USE display OF sae and
said shall also order that all such counerfeits
limitations the possession under tile control Of any de
PENDANT such he delivered to an officer OF the court
| or to the complainant, to be destro' ed
SECT s. Every person who shall willfully or dis
play genuine label trade mark, device, form of AT,
vertisent of ANY such person. association OF union, in
any not authorised by such person. union or ass
ciation shall be deemed guilty ainsdemeanor and shall
he punished by imprisonment in tile county Jail not Ill le
Than SIN lalltis, ot DS Il Que
do both and upon conviction for second otense
shall be punislel by Imprisonment not less than thts
days hau " by fine net less Than
| fifty than three hundred dollars, or BOTH
SEcr. g. Any person persons who shall in any way
wifuy the sen of any such person, associ
ton unon officer thereof i'll and about the sale OF
goods otherwise, not ben authorized to the
shall be guilty of ndeheanur and shall be punished by
imprisonment in the county jail not more than six uonts
or by Eine not exceeding one hnharet dollars or BOTH
nnd upon conviction for steui uene shall be pun she'd
by nlps uaent not less than thirty days more than
year, By five not less a fifty than n &c
hundred dollars or hOtn.
NiGr. = lii all whcre the association or union
nv nt:o IN This act ut Incorporated suits and pro
ceetis uatt tis oct may lie commenced and prosecuted
10y All officer member surl assocEon union, for
and in behalf tt. Benefit such assoeiatlo or
union. .apprsved March Is