988 ARTICLE 27.

An. Code, sec. 50. 1904, sec. 44. 1892, ch. 357, sec. 1.

53. Whenever any person, association or union of workingmen have
adopted, or shall hereafter adopt for their protection any label, trade-
mark or form of advertisement announcing and denoting that goods to
which such label, trade-mark or form of advertisement shall or may be
attached, were manufactured by such person or by a member or members
of such association or union, it shall not be lawful for any person or cor-
poration to counterfeit or imitate such label, trade-mark or form of ad-
vertisement; every person violating this section shall be deemed guilty of
a misdemeanor and shall upon conviction by any court having criminal
jurisdiction be punished by imprisonment in the city or county jail for
not less than three months nor more than one year or by a fine of not less
than one hundred dollars nor more than five hundred dollars, or both, in
the discretion of the court.

This section referred to in deciding that a labor union, such as the United Mine
Workers of America, is suable in the federal courts and their funds subject to exe-
cution. United Mine Workers v. Coronado Coal Co., 259 U. S. 386.

An. Code, sec. 51. 1904, sec. 45. 1892, ch. 357, sec. 2.

54. Every, person, corporation or association who shall use any coun-
terfeit or imitation of any label, trade-mark or form of advertisement of
any such person, union or association, knowing the same to be counterfeit
or imitation, shall be guilty of a misdemeanor, and shall upon conviction
by any court having criminal jurisdiction, be punished by imprisonment
in the city or county jail for a term of not less than one month nor more
than one year, or by a fine of not less than one hundred dollars nor more
than two hundred dollars, or both, in the discretion of the court, and the
burden of proving that the defendant did not know the true character of
the said label, trade-mark or form of advertisement, and that he used the
same in good faith shall be on the defendant.
See notes to sec. 53.

An. Code, sec. 52. 1904, sec. 46. 1892, ch. 357, sec. 3.

55. Every such person, association or union that has heretofore adopted
or shall hereafter adopt a label, trade-mark or form of advertisement as
aforesaid may file the same for record in the office of the secretary of
State by leaving two copies, counterparts or fac similes thereof with the
secretary of State, and said secretary shall deliver to such person, associa-
tion or union so filing the same duly attested certificate of the record of
the same, for which he shall receive a fee of one dollar. Such certificate
of record shall be in all suits and prosecution under sections 53 to 58 suffi-
cient proof of the adoption of such label, trade-mark or form of advertise-
ment, and of the right of said person, association or union to adopt the
same. No label shall be recorded that probably would be mistaken for a
label already of record, of which question the said secretary shall be the
judge.
See notes to sec. 53.