New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-04
FIGHTING THE PIRATES.

Foremost in the fight against the pirates of COM
merce is the United States Trade Mark Associa-
tion which has offices at No. 81 Nassau-st VI
this society Arthur William Barber is secretary.
Upon grounds of expediency," said Mr.. Barber
Yesterday 1.-THE establishment OF penal protection
for trademarks appears to oe fully warranted
The deterrent effect OF civil remedies Is inadequate
to protect the rights they intended TO conserve
For the counterfeitng infringement OF trade
marks only a very small capital is required The
amount OF a Hthographers bill for reproducing a
label turning out an imitation OF it will serve
to finance tho most outrageous scheme OF trade
mark piracy. Indeed the more garins the wrong,
the more likely Is the perpetrator TO be financially
irresponsible and 10 regard with derison any at
tempt TO redress the wrong by the award of dam
ages. against him. An infrinSer who is financially
responsible and who has reason to dread the
process of a civil court will, at the worst. seek
10 evade the law by initiating another's mark
ont far he believes may do with some
reasonable hope OF safety to himself. An In
fringer however. who cannot be compelled TO an
swer with his property FOR the wrOngdoing need
exercise no ingenuity 10 make his infringement
such AS may form the foundation for plausible
argument that infringement exists. unless he Is
in fear OF criminal prosecution for his misdeed.
In cases of trademark infringement damages are
very difficult TO prove. inaSmuch they can only
be predicated upon proof that sales were Iaaae ~
the niringer which but FOR me tb 9I
This it is usually impossible to prove so teat the
right to recover a pecuntary compensation Tor the
injury upon the basis Of damages is OF little prac-
teal Importance.
The same considerations apply 70 an account
Ing of profits derived from the Infringement which
is of the forms that monetary compensation
for infringement takes In courts of equity. The
evidence to the defendants sales IS usually TO
be obtained only from the defendants books and
1t is often the case that by keeping a double set
of books. by falsifying the entries or by fang 70
keep books at all showing the records OF the saes
he deprives the plaintiff of the evidence by which
alone be established case against him.
The remedy by injunction Is also more or less
satisfactory in its operation since II is not d11-
cult for the real iufringer 10 avoid liability for
disobedience 10 the injunction by transferring ms
business and allowing it to be continued in the
of other party. Before the enactment
OF the law OF 1905 also possible for him, by
removing from district Of the United states TO
another, to continue the infringement with I'M
punity, inasmuch 8 injunction could not be
served or enforced outside the district in which
II was granted The situation, however, Is some
nent which provides that the injunction OF fed
eral court in any district may be served and en-
forced throughout the United States
1.-THE penalties imposed in various States run
through all degrees Of inadeqUacy and severity,
varying from minimum imprisonment OF five days
in Nevada to maximum of twenty years in Ne
braska and from minimum fine of $40 in Alaska
therefore that in the States where criminal
provisions relative trademark infringe -nent are
In force their deterrent value varies greatly How
ever severe may De the penalties attached to the
crime under the laws of any State, the law Is or
little practical advantage unless conditions Sucn
that a conviction be secured for its violation
and an adequate punishment imposed"
which stamp the trademark CRATER as a GRIM