FRANK BROWN, ESQUIRE, GOVERNOR.

501

any such person, union or association, knowing the same to

be counterfeit or imitation, (he) shall be guilty of a misde-

counterfeit

meaner and shall on conviction by any court having crimi-

or imita-
tion of

nal jurisdiction be punished by imprisonment in the city or

label or
trade-

county jail for a term of not less than one month nor more

mark, &c.

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.

SEC. 3. And be it enacted, That every such person, asso-

ciation or union that has heretofore adopted, or shall here-

after adopt, a label, trade-mark or form of advertisement

as aforesaid, may file the same for record, in the office of

May file
label

the Secretary of State by leaving two copies, counterparts

or trade-

or fac-similes thereof, with the Secretary of State and said

mark f or
record.

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

prosecutions under this act 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.

SEC. 4. And be it enacted. That e very such person, asso-

ciation or union adopting a label, trade-mark or form of

advertisement as aforesaid, may proceed by suit to enjoin

May enjoin
use, dis-

the manufacturer, use, display or sale of any such counter-

play or sale
of counter-

feit, or imitation, and all courts having jurisdiction thereof

feit label,

shall grant injunctions to restrain such manufacture, use,

display or sale, and shall award the complainant jin 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, assso-

ciations, or unions, the profits derived from such wrongful

manufacture, use, display or sale, and in addition to court

costs, such reasonable attorneys' fees as the court may allow,

and said court shall also order that all such counterfeit or

imitations in the possession 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.

SEC. 5 And be it enacted, That every person who shall

use or display the genuine label, trade-mark or form of

advertisement, of any such person, association, or union, in