Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-31
NEW ENACTMENTS.
TO PROTECT LABELS.


An act n pt.tec. associations, Firms
aud purllus tn their labels, trade
marks aud forms Of nlveftianR.
30 30 cnacluJ by the Governor and
Legislative Assembly OF tlo Ter.
uIUry o Unl:
Section |. Whenever any person,
n sJcalilu or irm whuluUr iucIrp1r.
A,cd nr uuinco gorAiuI, have al pteI
shall hufan Ger ATOP. tot their pro-
lection, any label, trade mark, device
or form 90 advert HumHut announcing
that goods o. which such llurI, trade
mark, device Ur lIrm advancement
email be attached, were manufactured
hy such person, OF by q moubct VI
members 10 such n.sIgl iti1u uf firm,
and who shall have complied with
section o Of tui8 act, DO shall hr uulsw.
iul luf any IUfFJu uI CORPORATION %
Cuun ef'clt ur imitato Blrh laucl, trade
marx, device or form o' advertisement
Every person Violating THE iuCu0n
shall ur1u conviction bu pun.HleI by
imprisonment iu the county jail f1r
not more than Nix mlnihs, % by ID fiue
OF not more than two hundred dollars,
" both.
FEC. 9. Every person who shall use
any counterfeit or imitation ,f ary
label, trade mark 0f form Of advertise.
mem Of any such person, hfm or aHa1.
citation, knowing tue same 60 bee cOuu.
tcficit OF limitation, shall be- guilty Dl
a misiemean1r
Soc. o. Every such pfrs1u, ass1cia.
ton OF firm that hos heretofore adopt.
ci, 70 shall hereafter adopt, label,
trade mari, device OF form OF adyuf.
tispmont ~ nforfuiI, who desire pro.
lection under thIs acL ahull nlu the
same Tor record iu the office uf the
secretary oiiho Territory. ~ leaving
two copies, cou trfparts or isc.bimi.cs
thereof with tue secretary N thu Ter.
fiiury, accompanied by a written decln.
ratiou, verified by the poison, or by
"a member VI "a nfm, or by an officer Of
an association or corporation apply log,
O. the effect that such party has ut the
time right 10 tue u-u 0f the trade
mark, sought % be registered, aui that
no other person, firm, association or
corporation has tho right g. such use,
either IA the identical form or Ia any
such near resemblance thereto ns might
be calculated 20 deceive, and that the
description aud iacsimiics truly repre-.
sunt the Trade mara sought % be
fcgistefcU; sni1 secretary shall deliver
90 such person, association or arm aI
Hing the samoa uuly astestud Coftin.
cate OF the record OF tue same, Tor
which ne Hhull receive ice ul two
dollars. Such certificate OF ftc0rI
shall IN All SUITE aud prosecutions
under this oct ur urma ihUIo evidence
VI pt0pfiugotship aud proof Of the
adoption Of such label, trade marx,
a.
OF the right ui such uufsUu, aFHuTIRtiun
ut nrm t0 adopt the same. Provided,
That no tinIu mark which iH AMPLY
the name o. the applicant or nuy other
pefsOn, or nuy mamie which ~ simply
descriptive OF the article sought 10 uu
protected shall be registered under thls
act. No label, trade mark, device or
form Of advertisement shall b. recorded
that would be- liable 10 be mistaken for
any LABEL, trade marx, device or form
Of advertisement already Of record.
Sec. Z. Every such person, Assoca.
ton or Efm adopting n label, tfaIe
MARI, device OF form uf advertisement
who have complied with the require.
muuts OF this act, a. Hiottfaiu, may
proceed by suit 10 euloia the manu-.
lecture, Use, display or sale Ofauy such
cOuuleTlcils or imithti0ri; aud al courts
having Jurisdiction thereof may giant
inluucti0ns 10 restrain such manu-.
iaciufe, usc, display ur sale, anu shall
award the complainant Ia said tuit,
such damages retultlug from tuuh
wrongful manufacture, use, display or
sale, Ms may by said court be deemed
tuat AMI reasonable, ami ehnll require
ihe defendants 10 pay 90 such pois1u,
association OF hrm thu prOnts derived
from such wrongful mguuiao ufc, use,
display OF salt; aud saiI court shall
also order that all such c1uutuTicita or
limitations IA the possession or under
the control Of any defendant in such
Cate be- delivered 10 an officer OF the |
court, or 10 the complainant 10 be- do. |
stfOyel.
See. o. Every person who shall ufo /
OF display tue genuine label, traue ]
mara, device or iufm Of Advertisement |
oi any Huch person, association OF hrm |
In auy manner not authorized hyHuch |
person, association or firm shall be |
deemed guilty Of misdcmranur. In |
all cases whore such association or |
hfm Is not incorporated, cults under |
THIS act may be comm 'nCed ant prose. /
cultd by any authorized uiilcef or |
member OF sucn association or nrm.
Sec. o. Any person or persous who |
shall in any way use the trade mark or
seal OF any euch person, association or
firm or officer thereof, IN aud about the
sale Of goods or otherwise not being /
authorized 20 uBe the same, shall BE-
gully ~ miademeauOr.
See. T. All acts and parts OF acts In |
conflict with hisaot, aui sections 1851,
to 1000 Inclusive Compiled Laws 1858,
arc hereby repealed.
Approved March sth, 1884