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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])

Indian legislation passed during the second and third sessions of the Fifty-eighth Congress,   pp. 441-471 PDF (16.2 MB)


Page 448

448      REPORTS OF THE DEPARTMENT OF THE INTERIOR. 
affix the same to merchandise of substantially the same descriptive properties
as those set 
forth in the registration, or to labels, signs, prints, packages, wrappers,
or receptacles 
intended to be used upon or in connection with the sale of merchandise of
substantially the 
same descriptive properties as those set forth in such registration, and
shall use, or shall 
have used, such reproduction, counterfeit, copy, or colorable imitation in
commerce among 
the several States, or with a foreign nation, or with the Indian tribes,
shall be liable to an 
action for damages therefor at the suit of the owner thereof; and whenever
in any such 
action a verdict is rendered for the plaintiff, the court may enter judgment
therein for, any 
sum above the amount found by the verdict as the actual damages, according
to the circum- 
stances of the case, rnot exceeding three times the amount of such verdict,
together with the 
costs. 
SEC. 17. That the circuit and territorial courts of the United States and
the supreme 
court of the District of Columbia shall have original jurisdiction, and the
circuit courts of 
appeal of the United States and the court of appeals of the District of Columbia
shall have 
appellate jurisdiction of all suits at law or in equity respecting trade-marks
registered in 
accordance with the provisions of this Act, arising under the present Act,
without regard 
to the amount in controversy. 
SEC. 18. That writs of certiorari may be granted by the Supreme Court of
the United 
States for the review of cases arising under this Act in the same manner
as provided for 
patent cases by the Act creating the circuit court of appeals. 
SEC 19. That the several courts vested with the jurisdiction of cases arising
under the 
present Act shall have power to grant injunctions, according to the course
and principles of 
equity, to prevent the violation of any right of the owner of a trade-mark
registered under 
this Act, on such terms as the court may deem reasonable; and upon a decree
being rendered 
in any such case for wrongful use of a trade-mark the complainant shall be
entitled to 
recover, in addition to the profits to be accounted for by the defendant,
the damages the 
complainant has sustained thereby, and the court shall assess the same or
cause the same 
to be assessed under its direction. The court shall have the same power to
increase such 
damages, in its discretion, as is given by section sixteen of this Act for
increasing damages 
found by verdict in actions of law; and in assessing profits the plaintiff
shall be required to 
prove defendant's sales only; defendant must prove all elements of cost which
are claimed. 
SEC. 20. That in any case involving the right to a trade-mark registered
in accordance 
with the provisions of this Act, in which the verdict has been found for
the plaintiff, or an 
injunction issued, the court may order that all labels, signs, prints, packages,
wrappers, 
or receptacles in the possession of the defendant, bearing the trade-mark
of the plaintiff or 
complainant, or any reproduction, counterfeit, copy, or colorable imitation
thereof, shall 
be delivered up and destroyed. Any injunction that may be granted upon hearing,
after 
notice to the defendant, to prevent the violation of any right of the owner
of a trade-mark 
registered in accordance with the provisions of this Act, by any circuit
court of the United 
States, or by a judge thereof, may be served on the parties against whom
such injunction 
may be granted anywhere in the United States where they may be found, and
shall be 
operative, and may be enforced by proceedings to punish for contempt, or
otherwise, by 
the court by which such injunction-was granted, or by any other circuit court,
or judge 
thereof, in the United States, or by the supreme court of the District of
Columbia, or a judge 
thereof. The said courts, or judges thereof, shall have jurisdiction to enforce
said injunc- 
tion, as herein provided, as fully as if the injunction had been granted
by the circuit court 
in which it is sought to be enforced. The clerk ol the court or judge granting
the injunction 
shall, when required to do so by the court before which application to enforce
said injunction 
is made, transfer without delay to said court a certified copy of all the
papers on which the 
said injunction was granted that are on file in his office. 
SEC. 21. That no action or suit shall be maintained under the provisions
of this Act in 
any case when the trade-mark is used in unlawful business, or upon any article
injurious 
in itself, or which mark has been used with the design of deceiving the public
in the purchase 
of merchandise, or has been abandoned, or upon any certificate of registration
fraudently 
obtained. 
SEC. 22. That whenever there are interfering registered trade-marks, any
person inter- 
ested in any one of them may have relief against the interfering registrant,
and all persons 
interested under him, by suit in equity against the said registrant; and
the court, on notice 
to adverse parties and other due proceedings had according to the course
of equity, may 
adjudge and declare either of the registrations void in whole or in part
according to the 
interest of the parties in the trade-mark, and may order the certificate
of registration to be 
delivered up to the Commissioner of Patents for cancellation. 
SEC. 23. That nothing in this Act shall prevent, lessen, impeach, or avoid
any remedy at 
law or in equity which any party aggrieved by any wrongful use of any trade-mark
might 
have had if the provisions of this Act had not been passed. 
SEC. 24. That all applications for registration pending in the office of
the Commissioner 
of Patents at the time of the passage of this Act may be amended with a view
to bringing 


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