Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06
LPpplished May 16, 1901.

puDltcilklQn
Apnfofed May 10, 1901.
NO Ala, 81 LPublished May 16, 1901.
CHAPTER 800. ' '
AN ACT to provide for registration of
trade marks and other marks of owner
stap ana to prevent the unlawful use and
~ disposal of articles marked herewith
The people Of the State Of Wisconsin rem
resetned in senate and assembly do enact
as follows:
Section l. Any and all persons or corpo-
rations who may be the owners of cans,
tubs, lirkins, boxes, bottles casks, barrels,
Kegs, cartons, tanks, fountains, vessels or
containers with his, her, its or their names,
brands, designs, trade marks, devices or
other marks Of ownership stamped, i'm
pressed, labelled, blown in or otherwise
marked thereon, may file with the secre-
tary OF state and also with the register of
deeds OF any county in which any such
person or persons or corporations may have
his, her, its or their principal place of bust
ness written statement or description
verified by affidavit of such owner or his,
her or its agent, of the names, brands, de-
signs, trade marks, devices or other marks
of ownership SO used by him, her, it or
them, and Of the said article or articles
upon which the same are used, or if such
principal place of business shall be with
out the state, then such written statement
or description so verified may be filed with
the register of deeds Of any county of this
state Said statement shall be published
once a week for three successive weeks in
guage and of general circulation in said
county, a copy Of which publication, proved
In the same manner as proof of publication
Is now required to be made by law, when
no special mode Of proving the same is
provided, shall also be fled with the sec
rGIary Of state and with such register Of
deeQS. All such written statements or de-
scrLpttons and all such certificates of pub
ical.Qn so filed with the register of deeds
shai4 De recorded at large by him in Il book
to be kept by him and such book shall be
subject at all reasonable hours to the in
speCtiOn Of all persons who may choose 10
inspect the same. The secretary of state
and the register of deeds shall deliver to
any person who may apply therefor copies
OF all such written statements or descrip-
tions of names, brands, designs, trade
maTAs devices, or other marks of owner
ship and Of all certificates of publication
so fled with them, duly certified to by
them in the usual manner, and such certt-
fied copies shall be admissible in evidence
in all prosecutions under this act, and shall
be ppina facie evidence that the provisions
Of this section have been complied with,
and Of the title of the owner or owners
named therein, to the property upon which
the name, brand design, trademark de-
vice or other marks of ownership of such
owner Or owners may appear as described
rAerein. The secretary of state and the
register of deeds shall each receive fee
Of one o. dollar for each statement and GER
tlncate OF publication filed and also fee
Of one u dollar for each certified copy OF
such statement and certificate of publica-
ton, to be paid for by the person filing or
applying for the same.
Section e. 1t is hereby declared to be I'M
lawful for any person or persons Or cor
pQration without the written consent Of the
owner or owners thereof, to hereafter Keep
for sale any can, tub, frkin, box, bottle,
cask, barrel, keg, carton, tank, fountain,
vessel or container so marked or dstin-
guished as aforesaid, Of which description
shall have been filed and published as pro-
vided in section l Of this act, or to use
v1rf+l civ ilOF Acfa
dity or product as originally contained
therein for the sale of such substance,
commodity or product any such can, tub,
firkin, box, bottle, cask, barrel, keg, car
ton, tank, fountain, vessel or container or
to receive, take, buy, sell, or dispose Of or
traffic in any such can, tub, firktn, bottle,
Aox, cask, barrel, key, carton, tank, foun
tain, vessel or container, or to deface,
erase, obIiterate, cover up or otherwise re-
move or conceal any such name, brand, de-
sign, trade mark, device or other mark
thereon, for the purpose Of destroying or
removing the evidence of the ownership OF
such article.
Section 8. The using by any person or
persons or corporation other than the own
er or owners thereof, or his, her, It's or
their agent, of any such can, tub, frkin,
box, bottle, cask, barrel, keg, carton, tanh,
fountain, vessel or container, for the SAFE
therein Of any substance, commodity or
product, other than that originally therein
contained, or the buying, sellin, or trafhGA-
ing in any such can, tub, tirkin, box, boItle'
cask barrel, key, carton, tank. fountain.
vessel or container, or the fact thaL any
junk dealer or dealers in cans TUBS Hr-
kins, boxes, bottles, casks, barrels, Kegs
cartons tanks, fountains, vessels or con-
tainers, shall have in his or her possession
any such can, tub, frkin, box, boIte' Gashi
barrel, key, carton, tank, fountain YeSSet
or coptainer, SO marked or stamped, ana ma
description of which shall have been Hie9
and published as provided in sechon oA
this act, shall be, and it hereby 49, uS
oIc To In riTao III ny-kGH
using, buying, selling or tratlchihs III UI
possession of is unlawful within the mean
ing of this act.
Section 4. Any person or persons OF cor
poration or any officer or agent OF any CoL-
noration acting for or in the name OF SuCn
corporation who shall violate any OF the
provisions of this act, shall foTelt hoI 6 70
than five dollars $500 nor more than hIty
dollars (s50,00( for the first offense, and not
less than fifty dollars $4,000 nor IhoIe
than two hundred dollars G20o00) for each
subsequent offense All to+I Ii dr+ shall be
ed under the provisions OF TINS acI SINH 10
paid into the common SchooI Iui u' ..oro
Section s. Every such person OF corpus
ition having complied with the pfossII}lD-s srJ+
this act as aforesaid, may proceed ny sult
to enjoin any other person or coIpoIatI99H
from filing with any substance, col a l,'nb
ty or product for the sale therein oL sun
substance commodity product any cam
fub frki1 hoy bottle. cask barrel, keg,
carton, tank, fountain, vessel or cohIdln1I,
so marked or distinguished as aIofesaia, W
from buying, selling, using, or uiSloEellG W.
or tFafficking in the same, or from deIafins'
erasing, obiiteratfng, covering up or other sr
wise removing any such name, bEahI, ue.
sign, trade mark, device or othef mars ol
ownership thereon, for the purpose OF de-
stroying or removing the evidence OF me
ownership of such article, ana an courts
having equity jurisdiction shall have pow
er grant njunGtionst according ocGt af e 20 h4e
to restrain such filing for sale or such
buying selling gEpg away Or us sadh or def als
no erasfng. celebrating, covering up, or
otherwise removing or the - Tioai0s Of Of ths
l oqfT TTnor7 a decree being rendered In
any case against a th to Peco Tee
IN i5Ja,-ao[-ae +hn complainant may nave
sustained by reason Of the s fad @ "e 81 the
Defendant and me go r. he assessed un-
same or cause the same 70 De "'''''
der its direction. It.. o4ro+ orA
Section g. This act SHAH take enecI anu anu
no IN force from and after It's passage ana
publication. ar, 49, -