CRIMES AND PUNISHMENTS. 989
An. Code, sec. 53. 1904, see. 47. 1892, ch. 357, sec. 4.
56. Every such person, association or union adopting a label, trade-
mark or form of advertisement as aforesaid may proceed by suit to enjoin
the manufacture, use, display or sale of any such counterfeit or imitation,
and all courts having jurisdiction thereof shall grant injunctions to re-
strain such manufacture, use, display or sale, and shall award the com-
plainant in such suit such damage resulting from such wrongful manufac-
ture, use, display or sale as may by said court be deemed just and
reasonable, according to the evidence in the case, and shall require the
defendants to pay such persons, associations or unions the profits derived
from such wrongful manufacture, use, display or sale, and in addition to
court costs such reasonable attorney's fees as the court may allow; and said
court shall also order that all such counterfeits or imitations in the pos-
session or under the control of any defendant in such case be delivered to
an officer of the court, or to the complainant, to be destroyed.
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
execution. United Mine Workers v. Coronado Coal Co., 259 U. S. 386.
An. Code, sec. 54. 1904, sec. 48. 1892, ch. 357, sec. 5.
57. Every person who shall use or display the genuine label, trade-
mark or form of advertisement, of any such person, association or union,
in any manner not authorized by such person, union or association, shall
be deemed guilty of misdemeanor, and shall on conviction be punished by
imprisonment in the city or county jail not less than one month nor more
than one year, or by a fine of not less than fifty dollars nor more than two
hundred dollars, or both, in the discretion of the court.
See notes to sec. 53.
An. Code, sec. 55. 1904, sec. 49. 1892, ch. 357, sec. 6.
58. 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 authorized to so use the same, shall
be guilty of a misdemeanor, and be- punished on conviction by imprison-
ment in the city or county jail for a term of not less than three months nor
more than one year, or by a fine of not less than fifty dollars nor more than
three hundred dollars, or both, in the discretion of the court.
See notes to sec. 53.
An. Code, sec. 56. 1904, sec. 50. 1888, sec. 41. 1789, ch. 26, sec. 36. 1801, ch. 63, sec. 10.
59. If any person shall forge or counterfeit any manifest or note of
any inspector of tobacco, or alter the quantity or quality of tobacco ex-
pressed in such manifest or note, or shall offer or cause to be offered in pay-
ment, any such forged, counterfeited, or altered manifest or note, knowing
the same to be forged, counterfeited or altered, and shall be thereof con-
victed, he shall be fined in any sum not exceeding three hundred dollars,
or sentenced to the penitentiary for any term not less than eighteen months
nor more than seven years, or both, in the discretion of the court.
|
|