CRIMES AND PUNISHMENTS 1111

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. 54.

An. Code, 1924, sec. 55. 1912, sec. 52. 1904, sec. 46. 1892, ch. 357, sec. 3.

56. 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 54 to 59 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. 54.

An. Code, 1924, sec. 56. 1912, sec. 53. 1904, sec. 47. 1892, ch. 357, sec. 4.

57. 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 rea-
sonable, according to the evidence in the case, and shall require the de-
fendants 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, 1924, sec. 57. 1912, sec. 54. 1904, sec. 48. 1892, ch. 357, sec. 5.

58. 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. 54.