The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1900-07-27

attd, stating mat the party so nuug, or on
who's, behalf uoh label trademark. term, de-.
sign. device, or form of advertisement shall hc
hlcd. has th, night Go the usc 1T the samc that
uo other person, firm, association, union, or cor.
potation hs the right 90 such usc. either In the
Identical form or m any such near resemblance
thereto a. may hc calculated c. deceive, aud that
the fac .similc or comtCrparts nlcd Herewith are
true and correct. hciow there shall hc any hahh.
ity 60 any suit or proceeding tor any violation ot
this act There shall be- paid for such hiug and
recording a Zee ot one dollar. said secretary ~
state shall cause description Of such label
trade mark, term, design, device, or form Of al.
Ncrtisgmtnt 60 hC published once a week Tor three
successive weeks, az tho expense ot the applicant
IN some newspaper published iu the city ot ftou.
dencc After such publ eatiou said secretary shall
oeuver 10 suoh person, association, or union 90
hling or causing 60 be hlod any such label, trade
mark term, design, device. or form 1T advertise
ment many duly attested certificates Of the re-
cording Of the same as such person, association
union may apply for. for each Of which ocrtih
Gates said secretary shall receive a Zee oi one dol
lar. Any such certificate Of record shall In all
suits aud prosecutions under this act bc sufficient
proof ~ the adoption OF such label, trade mark.
term. design. device. ur form Of advertisement
Said secretary Of state shall not record Tor any
person union. or association any label trade
mark, term, dWign. device, or form Of advertise
mcnt that would probably be mistaken for any
label. trademark. term, design, device, or form
Of advertisement Heretofore dlcd 10y or on behalf
Of any other person, union, or association.
Sec. 4 Any person who shall, for himself or on
behalf Of any other person, association, or union,
procure the dling " any label, trade mark, term.
design, or form of advertisement n the office oi
the secretary N state under the provisions of this
set by making any false or fraudulent representa-
tuns declarations. verbally or in writing, ~
by any fraudulent means, shall bc liable 60 pay
any damages sustained In consequence Of any such
fling, 90 be recovered by or on behalf OF the
party injured thereby Ia any court having iufa
diction. and shall be punished by fine not cN'
ccedng one hundred dollars or by imprisonment
not exceeding three months. In any suit ur prose.
cution under the provisions ~ this act the de-
icndant may show that he or n was tie owner Oi
such label, trademark, term design. device, ~
form ~ advertisement prior 60 tie being hlcd un'
der the provisions Of this act, and that II has been
nlcd wrongiup OF without night by some other
person, association, or union
Sec. 3. Every such person, association or union
adopting or usinN label trade mark. torn, de-.
tigu, device. or form ~ advertisement, aa afurr.
said, may proceed by suit to cnioln the mauuiac.
tutc use, display or ralo - any cuuutcricita ~
limitations thereof and all courts Of competent
jurisdiction may grant iuiunctiouH 20 restrain
suuh manufacture. use. display or sale. aud may
award the complainant in any such suit damages
resulting from such manufacture, use sale, ~
display, ~ may De boy the said court deemed iutt
and reasonable, and may require the defendants
60 pay 90 such person association, ~ union all
profits derived from such wrongful manufacture,
use. display, az sale. aud such court may also
order that an such cOuntoricis or limitations in
the possession or under the control ~ any de.
iondant in such cause 90 be- delivered 20 an officer
oi the court. or 10 the complainant, 20 be de.
stroycd.
Ia all cases where such association ~ union IL
not incorporated suits under this act may be
commenced and prosecuted by on officer or mem.
Der gf such association of union, on behalf OF and
ior the use ~ such association or union.
Sec. .. Any person or persons who shall In any
way use the name ~ seal ~ any such person, ae
s0riation. or union, or officer thereof. In and
about the sale ~ goods or otherwise, not being
authorized 90 use the same. shall be- guilty ~ o
miwomoanDr and shall be- punished by imprison'
mcnt FOR not more than three months ~ by hng
Of not more than one hundred dollnrs
Sec. T. The provisions ~ this act shall not
aihdgc any rights 90 any trade marks rtiHtiug AZ
the time ~ the passage u this act, whether the
same shall be recorded or not. nor any remedies
of rights ~ action otherwise or heretofore ox'
listing IN favor ~ owners oi trade marks
Soc X Tho district courts ~ the several Judi
dal districts shall have jurisdiction oi all COM
plants fDr violations ~ this sd.
Sec q. This act shall take effect and be- in iorce
from and after The first day oi june, A. - lpJ0
and all acts and parts ~ acts iuCynaEtcut here
with are hereby repealed.