ART. 27] COUNTERFEITING TRADE-MARKS. 791

1892, ch. 357, sec. 3.

46. Every such person, association or union that has here-
tofore 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 facsimiles thereof with the secretary of State,
and said secretary shall deliver to such person, association 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 44 to 49 sufficient proof of the adoption of such
label, trade-mark or form of advertisement, 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.

Ibid. sec. 4.

47. 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 restrain such manufacture,
use, display or sale, and shall award the complainant in such
suit such damage resulting from such wrongful manufacture,
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 sole, 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.

Ibid. sec. 5.

48. 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 misde-
meanor, 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