The Providence news. (Providence [R.I.]) 1891-1906, 1900-07-20

three successive weeks, at the expense
of the applicant. in some newspaper pub
lished I'm the city of Providence. After
such publica ton said secretary shall de-
liver TO such person, association, or un-
ion SO filing or causing TO be filed any
such label, trade mark. term .esign, de-
vice, or form of advertisement so many
duly attested certificates of the record
ing of the same as such person, associa-
ton, or union may apply for, for each of
which certificate said secretary shall
receive fee of one dollar. Any such
certificate of record shall In all suits and
prosecutions under this act be sufficient
proof OF the adoption OF such label. trade
mark. term, design, device, or form OF
advertisement. Said secretary of state
shall not record for any person, union,
or association any label, trademark. term
design, device, or form OF advertisement
that would probably be mistaken for any
label. trademark. term design, device.
or form OIL advertisement heretofore filed
by or on behalf OF any other person.
union, or association.
Sec. 4. Any person who shall for HIM
self or on behalf OF any other person.
association, or union, procure the filing
of any label, trademark. term. design.
or form OF advertisement In the Office
of the secretary OF state under the pro-
visions of this act by making any false
or fraudlent representations or declara-
tions, verbally or in writing. or by any
fraudulent means, shall be liable to pay
any damages sustained In consequence.
OF any sucn fling, to be recovered by or
on behalf OF the party injured thereby I'm
any court having Jurisdiction, and shall
be punished by fine not exceeding one
hundred dollars or by imprisonment not
exceeding three months. In any suit
or prosecution under the provisions of
III AA(A hon fhnf
he or IL was the owner of such label.
trademark term. design, device. or form
of advertisement prior to its being filed
under the provisions of this act. and
that II has been filed wrongfully or with
out right by some other person, associa-
ton. or union.
Sec. s. Every such person, association.
or union adopting or using label trade
mark. term. design. device, or form OF
advertisement as aforesaid. may proceed
by suit to enjoin the manufacture. use,
display, or sale of any counterfeits. or
limitations thereof, and all courts of COM
petent jurisdiction may grant injunctions
TO restrain such manufacture. use, dis
play. or sale. and may award the COM
planant In any such suit damages re-
sultlng from such manufacture. use. sale
or display. as may be by the said court
deemed just and reasonable. and may
require the defendants TO pay 10 such
person. association. or union all profits
derived from such wrongful manufacture.
use, display, or sale; and such court may
also order that all such counterfeits or
limitations In the possession or under the
control OF any defendant In such cause
to be delivered to an officer of the court.
or TO the complainant. TO be DESTROYED.
In al cases where such association or
union is not incorporated.l quits under this
act may be cerimenced and prosecuted by
an officer or member OF such association
or union. on behalf of and for the use OF
such association or union,
Sec. Any person or persons who shall
In any way use the name or seal OF any
such person. association. or union, or
officer thereof. In and about the sale
OF goods or otherwise. not being author
lied TO use the amc. shall be guilty OF n
msdemeanor. and STALL be punished by
imprisonment for not more than three
months or by a fine OF not more than
one hundred dollars.
Sec. q The provisions OF this act shall
not abridge any rights 10 any trademarks
existing at the time OF the passage OF
this act whether the safnc shall be re-
corded or not, nor any remedies or rights
of action otherwise or Heretofore exist
Ing In favor OF owners - trademarks
Sec. =. The district courts of the several
judicial districts shall have Jurisdiction
Of all complaints for violations OF this
act.
Soc. o. This act shall take effect and
be In force from end after the first day
of June. A. D.. 1900. and oil acts ana
parts OF acts Inconsistent herewith. are
hereby repealed.