■1111 «1SP mm ... Cornell University Library HD6489.C5 Union label laws, comprising in full or ■I 3 1924 002 701 740 Imr Ill If gfi«B WW 11 4t5i:Hs?tfi;-;:.--"-- - ;--"■£::-;--;?;*;-:*■;■: '::■.'•' Inn 05 THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation with Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.prg/details/cu31924002701740 r Diqitizeo'by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Union Label Laws COMPRISING IN FULL OR IN SUBSTANCE THE STATUTES, STATE AND FEDERAL REGISTRATION, DIGEST OF COURT DECISIONS, IMITATIONS, CIVIL AND CRIMINAL REMEDIES, SEARCH WARRANTS AND APPLICATIONS OF THE SEVERAL STATES AND TERRITORIES COMPILED BY EUGENE CLIFFORD PROPERTY ©>F LIBRARY NEW YORK STATE SCH OOL INDUSTRIAL AND LABOR RELATIONS CORNELL UNIVERSITY ISSUED BY THE AMERICAN FEDERATION OF LABOR 801 G STREET NORTHWEST WASHINGTON. D. C. 1911 Digitized by Microsoft® Copyright, 1911 BY The American Federation of Labor Digitized by Microsoft® INDEX. J 'age. Abandonment — Use of amended label not of original (N. Y.) yj Action — Sec Suits. Added Matter — No defense in case of false label (N. Y.) '69 Alabama — Application for registration (form) 96 Search warrant g*> Statute 1 Amendment of Label — Use of, does not constitute abandonment of original (N. Y.) 71 Allied Trades Label — Pennsylvania statute 32 Protected in Missouri 76 Protected in New York 66 Suit, how brought ( N. Y. ) :. 66 Union may adopt ( N. Y. ) 66 Amendment of Label — Use of amended, not abandonment of original (N. Y. ) 71 "Announcing" — Must be in explicit language (Conn.) 65 Application for Registration — For Forms See p. 96 et seq. Comments upon , 41 Copies of label — how many to send 42 Filing of constitutes registration (Ind.) 11 Inaccuracy in, not fatal (Mass.) 61 Label, not intended for goods, purpose stated (Mass.) 19 "Magistrate" means officer administering oath,. etc 42 Notice of, to be published (Pa.) 33 (R- I.) 34 (S. C.) , 34 Officer administering 149 Defense, use prior to registration shown as 40 Prior use (to registration) shown as defense 40 Search warrant 95 Statute 39 bigitized by Microsoft® Digitized by Microsoft® STATUTES IN FULL OR IN SUBSTANCE OF THE SEVERAL STATES AND TERRITORIES. ALABAMA. Sec. i. That whenever any union or association of working-men shall adopt and use and shall file in the office of the Secretary of State as hereinafter provided any label, or device for the purpose of designating and distinguishing any goods, wares or merchan- dise or other product of labor as having been made, manufactured, produced or prepared by such association or union of workingmen, or by a member or members of such association or union ; any per- son who counterfeits or imitates such label or device or alters such counterfeit or attaches such label or device or any counterfeit or imitation thereof to any goods, wares, merchandise or other product of labor without the consent of such association or union shall be guilty of a misdemeanor and may be punished by a fine not exceed- ing one hundred dollars. Sec. 2. Before such label or device shall be entitled to the pro- tection hereby afforded such association or union of workingmen shall file a copy or fac-simile of such label or device in the office of the Secretary of State and shall pay a fee of one dollar for such filing. ARIZONA. Penal Code, 1901 — Chapter XI, Page 1,240. Sec. 314. Whenever any corporation, association, or union of workingmen have adopted or shall hereafter adopt for its or their protection any label, trade mark, or form of advertisement announc- ing that goods to which such label, trade mark, or form of advertise- ment shall be attached were manufactured by it or by a member or members of such union, it shall be unlawful for any person or corpo- ration to counterfeit or imitate such label, trade mark or form of advertisement; every person violating this section shall, upon con- 1 Digitized by Microsoft® 2 Statutes. viction, be punished by imprisonment in the county jail for not less than three months nor more than one year, or by a fine of not less than one hundred dollars, nor more than- two hundred dollars, or by fine and imprisonment. Sec. 315. Any person who shall use any counterfeit or imitation of any label, trade mark, or form of advertisement of any such cor- poration, union or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term of not less than three months, not more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or by both. Sec. 316. Every such association, union or corporation that has heretofore adopted or shall hereafter adopt a label, trade mark or form of advertisement, as aforesaid, shall file the same in the office of the secretary of the territory, by leaving two copies, counterparts or fac-similes thereof with the secretary of the territory; said sec- retary shall deliver to such corporation, association or union so filing the same, a duly attested certificate of the record of the same, for which he shall receive a fee of three dollars, such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade mark or form of adver- tisement, and of the right of said union, corporation or association to adopt the same. Sec. 317. Every person who shall use or display the genuine label, trade mark, or form of advertisement of any such association, corporation or union in any manner not authorized by such associa- tion, corporation or union, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars, nor more than two hundred dollars, or both. Sec. 318. Any person or persons who shall in any way use the name or seal of any such association, corporation or union, or officer thereof, in and about the sale of goods, or otherwise, not being au- thorized to use the same, shall be guilty of a misdemeanor, punish- able by imprisonment in the county jail or not less than three months nor more than one year, or by fine of not less than one hundred dol- lars, nor more than two hundred dollars, or both. Sec. 319. It shall be the duty of the secretary of the territory to see that all associations, unions or corporations enjoying the bene- fits of labels, trade marks, or forms of advertisements herein pre- scribed shall comply with the foregoing provisions in all respects. Digitized by Microsoft® Statutes. 3 ARKANSAS. Session Laws, 1905 — Act 309. Sec. 1. Act shall be known as Trades Union Label Act. Sec. 2. "Label" includes trade mark, term, design, device or form of advertisement. "Attached" means put upon goods or their con- tainer in any way. Sec. 3. Substantially same as Section 1, Illinois. Sec 4. Counterfeiting or imitating a label or uttering or circu- lating a counterfeit or imitation is punishable by fine not exceeding five hundred dollars, or imprisonment not more than a year, or both. Secs. 5, 6, 7, and 8 are substantially the same asSections 3, 4, 5 and 6 of Illinois Statute. Penalties same as in Section 4 (Arkan- sas). Sec 9. Provides for search warrant. Recording fee, $2.00. CALIFORNIA. Political Code, 1909. Sec 3198. The Secretary of State must keep for public examina- tion a record of all trade marks, or names filed in the office, with the date when filed and name of claimant; and must, at time of filing collect from such claimant a fee of three dollars in gold coin to be paid into the State Library Fund. Note — Fee for filing and issuing certificate is $5.00. Political Code, No. 416, subdivision 15. (Statutes of 1903, page 27.) Sec 3199. Any person who has first adopted and used a trade mark or name, whether within or beyond the limits of this State, is its original owner. Such ownership may be transferred in the same manner as personal property and is entitled to the same protection by suits of law, and any court of competent jurisdiction may re- strain, by injunction, any use o.f trade marks, or names, in violation of this chapter. Sec 3200. Any trade union, labor association, or labor organi- zation, organized and existing in this State, whether incorporated or not, may adopt and use a trade mark and affix the same to any goods made, produced, or manufactured by the members of such trade union, labor association, or labor organization, or to the box, cask, case, or package containing such goods, and may record such trade mark by filing or causing to be filed with the Secretary of Digitized by Microsoft® 4 Statutes. State its claim to the same, and a copy or description of such trade mark, with the affidavit of the president of such trade union, labor association, or labor organization, certified to by an officer author- ized to take acknowledgment of conveyances, setting forth that the trade union, labor association, or labor organization, of which he is the president, is the exclusive owner, or agent of the owner, of such trade mark; and all the provisions of Article in, Chapter VII, Title VII, Part III, of the Political Code, are hereby made applicable to such trade mark. Sec. 3201. The president or other presiding officer of any trade union, labor association, or labor organization, organized and exist- ing in this State, which shall have complied with the provisions of the preceding section, is hereby authorized and empowered to com- mence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade mark adopted' or in use under the provisions of the preceding section, or for the protection or enforcement of any rights or powers which may accrue to such trade union, labor association, or labor organization by the use or adoption of said trade mark. Civil Code. Sec. 1772. One who sells or agrees to sell any article to which there is affixed or attached a trade mark, thereby warrants that mark to be genuine and lawfully used. Penal Code. Sec. 350. Every person who willfully reproduces, copies-,, imitates,, forges, or counterfeits, or procures to be reproduced, copied', imi- tated, forged, or counterfeited, any trade mark usually affixed by any person to his goods, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents iru the United States Patent Office, or any .label or brand, composed in whole or in part of a reproduction of said trade mark or who affixes the same to goods of essentially the same descriptive properties and qualities as those referred to in the registration of such trade mark,, with intent to pass off, or to assist other persons to pass off, any- goods to which such reproduced, copied, imitated, forged, or coun- terfeited trade mark, or label, or brand is affixed, or intended to be affixed, as the goods of the person, firm, company, -or corporation owning the said trade mark, is guilty of a misdemeanor. Digitized by Microsoft® Statutes. 5 Sec. 351. Every person who sells, or keeps for sale, or manu- factures or prepares, for the purpose of sale, any goods upon, or to which any reproduced, copied, imitated, forged, or counterfeited trade mark, or label, or brand, composed in whole or in part of such a reproduced, copied, imitated, forged, or counterfeited trade mark, has been affixed, after such trade mark has been recorded in the office of the Secretary of State, or with the Commissioner of Pat- ents in the United States Patent Office, intending to represent such goods as the genuine goods of the person, firm, company, or corpo- ration, owning the said trade mark, knowing the same to be repro- duced, copied, imitated, forged, or counterfeited, is guilty of a mis- demeanor. Sec. 352. The phrases "forged trade marks" and "counterfeited trade marks" or their equivalents, as used in this chapter, include ■every alteration or imitation of any trade mark so resembling the •original as to be likely to deceive. Sec. 354. Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand,' or other thing, bearing or having in any way connected with it, the trade mark of another, which has been duly recorded in the office of the Secretary of State, or with the Commissioner of Patents in the United States Patent Office, or the trade name of another, for the purpose of clis r - posing of any article other than that which such cask, bottle, vessel, case, cover, label, brand, or other thing originally contained, or is -connected with by the owner of such trade mark or trade name, with intent to deceive or defraud, is guilty of a misdemeanor. Sec. 354/^'- Every person who willfully sells, or traffics in any •cask, keg, bottle, vessel, siphon, can, case, or other package, bearing the duly filed trade mark or name of another, printed, branded, ■stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the 'consent of the owner thereof,- or unless the same shall have been purchase! from the owner thereof, is guilty of a misdemeanor. COLORADO. Revised Statutes, 1908 — Sections 6844-6852. Substantially the same as Illinois Statute. Penalties — Fine not exceeding five hundred dollars, or imprison- ment not more than three months, or both. Recording fee, $1:00. Digitized by Microsoft® 6 Statutes. CONNECTICUT. Session Laws, 1907, Page 698. Sec. 1. Same as Illinois, Section 1, but makes recording compul- sory, and provides penalty for counterfeiting, etc. Sec. 2. Repeals Section 4908, General Statutes. Sec. 3. Identical with Arizona Statute, Section 316. Sec. 4. Validate certificates issued prior to passage of act. Sec. 5. Substantially same as Illinois Statute, Section 4. Sec. 6. Identical with Illinois Statute, Section 5. Recording fee, $2.50. DELAWARE. Laws, 1899, Chapter 266. Sec. 1. That whenever any labor organization, association or society, having headquarters in the State of Delaware, whether an independent body or a branch of a national or international body, shall adopt and use for the protection of its interests any label, or seal, it shall be unlawful for any person, firm, corporation or other labor organization or society to counterfeit or imitate such label or seal with intent to use the same for the purpose of deceiving the public or any person, society, or organization. Sec. 2. That every person, firm, corporation, society, association or organization who shall use any counterfeit or imitation of such labels or seals as described in Section 1 of this Act, shall be guilty of a misdemeanor and punished therefor. Sec. 3. That no person, firm, corporation, organization or society shall use or display the genuine label or seal of any organization or society in any manner not authorized by law. Sec. 4. Any person, firm, or corporation filing with the Secretary of State of the State of Delaware, two certified copies of the labels or seals referred to above, shall have them officially recorded for the purpose of this Act, and shall receive from the Secretary of State a certificate to the effect that such record has been made ; provided, that such person, firm or corporation shall pay to the Secretary of State, the sum of five dollars, one-half of which shall be for use of the State and one-half as compensation for the Secretary of State. The certificate issued by him shall be valid for five years provided it is not annulled within that time by the General Assembly. Sec. 5. Any person, firm, or corporation violating any of the pro- visions of this Act, shall be guilty of a misdemeanor and upon con- Digitized by Microsoft® Statutes. 7 viction shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or imprisonment not less than six months nor more than one year or both, at the discretion of the Court. Sec. 6. All Acts or parts of Acts conflicting with this Act are hereby repealed. Approved March 8, A. D. 1899. DELAWARE. Code, 1893, Page 552. This Statute of Delaware is practically identical with that or Ariona, but the penalty by fine is fifty dollars to one hundred dol- lars. By imprisonment same as Arizona. It has also an additional Section (4) substantially the same as Section 4 of the Illinois Statute. Section 7 of the Act provides that the fines may be sued for before a Justice of the Peace. Recording fee, $1.00. FLORIDA. General Statutes of 1906. Sections 3169 to 3173, and Sections 3347 to 3350. Sections 3169, 3347, 3170, 3172, 3349, 3173, 3348, and 3350 in the order named are substantially the same as Sections 1 to 6 of the Illinois Statute. The penalty, however, is fine not exceeding five hundred dollars, or imprisonment not exceeding three months. There is an additional section prohibiting the refilling of second- hand containers bearing the label. Recording fee, $3.00. GEORGIA. Code of 1905 — Sections 1736-1741. Substantially the same as Arizona Statute (except 317 omitted) with Section 4 of the Illinois Statute added ( 1739). Violators of the law are "guilty of a misdemeanor." Recording fee, $1.00. IDAHO. Revised Statutes, 1908 — Sections 1449-1455. Substantially the same as Sections 1 to 6 of the Illinois Statute. Penalties — Fine, not exceeding one hundred dollars, or imprison- ment not exceeding three months. Recording fee, $6.00. Digitized by Microsoft® 8 Statutes. ILLINOIS. Starr & Curtis' Annotated Statutes (1896) — Page 3955. Sec. 1. Whenever any person, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use, any label, trade mark, term, design, device, or form of advertisement for the purpose of designating, making known or distinguishing any goods, wares, merchandise or other product of labor as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade mark, term, design, device, or form of advertisement. Sec. 2. Whoever counterfeits or imitates any such label, trade mark, term, design, device or form of advertisement, or sells, offers for sale or in any way utters or circulates any counterfeits or imi- tation of any such label, trade mark, term, design, device, or form of advertisement, or knowingly uses any such counterfeit or imita- tion, or knowingly sells or disposes of or keeps or has in his posses- sion, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product "of labor to which any such counterfeit or imitation is attached or affixed, or on which any such counterfeit or imitation is printed, painted, stamped or im- pressed, or knowingly sells or disposes of any goods, wares, mer- chandise or other product of labor contained in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor, in any box, case, can or package, to which or on which anv such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not less than one hundred dollars nor more than two hundred dollars, or by im- prisonment for not less than three months nor more than one year, or by both such fine and imprisonment. Sec. 3. Every such person, association or union that has here- tofore adopted or used, or shall hereafter adopt or use, a label, trade mark, term, design, device or form of advertisement, as provided in section one of this Act shall file the same of rcord in the office of the Digitized by Microsoft® Statutes. 9 Secretary of State, by leaving two copies, counterparts or facsimiles thereof with said Secretary, and by riling therewith a sworn state- ment specifying the name or names of the person, association or union on whose behalf such label, trade mark, term, design, device or form of advertisement shall be filed, the class of merchandise and a particular description of the goods to which it has been or is in- tended to be appropriated, that the party so filing, or on whose be- half such label, trade mark, term, design, device, or form of adver- tisement shall be filed, has the right to the use of the same, and that no other person, firm, association, union or corporation has the right to such use either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the fac-simile copies or counterparts filed therewith are true and correct. There shall be paid for such filing or recording a fee of one dollar. Any person who shall for himself, or on behalf of any other per- son, associations or union, procure the filing of any label, trade mark, term, design, device or form of advertisement in the office of the Secretary of State, under the provisions of this Act, by making any false or fraudulent representations or declara'tions, verbally or in writing, or by any fraudulent means, shall be liable to pay any dam- ages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby in any court having juris- diction, and shall be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding one year, or both such fine and imprisonment. This Secretary of State shall deliver to such person, association or union so filing or causing to be filed any such label, trade mark, term, design, device or form of advertisement so many duly attested certificates of the recording of the same as such person, association or union may apply for ; for each of which certificates said Secretary shall receive a fee of one dollar. Any such certificate of record shall in all suits and prosecutions under this Act be sufficient proof of the adoption of such label, "trade mark, term, design, device or form of advertisement. Said Secretary of State shall not record for any. person, union or association any label, trade mark, term, design, de- vice or form of advertisement that would reasonably be mistaken for any label, trade mark, term, design, device or form of adver- tisement theretofore filed by or on behalf of any other person, union or association. Sec. 4. Every such person, association or union adopting a label, trade mark, or form of advertisement, as aforesaid, may proceed by Digitized by Microsoft® 10 Statutes. suit to enjoin the manufacture, use, display or sale of any such coun- terfeits or imitations; 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 damages, resulting from such wrongful manufacture, use, display or sale, as may by said Court be deemed just and reasonable, and shall require the defendants to pay such person, association or union the profits derived from such wrongful manufacture, use, display or sale; and said Court shall also order that all such counterfeits 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. 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 a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months 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 all cases where such association or union is not incorporated, suits under this Act may be commenced and prosecuted by any officer or mem- ber of such association or union on behalf of and for the use of such association or union. Sec. 6. 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 tc use the same, shall be guilty of a misdemeanor, punishable by im- prisonment in the county jail of not less than three months nor more than one year, or by fine of not less than one hundred dollars nor more than two hundred dollars, or both. Jones & Addington's Supplement, 1902 — Page 1261. Sec. 7. The fines provided for in this Act may be enforced before a justice of the peace in all cases where the party complaining shall so elect, and in case of conviction before such justice of the peace, the offender shall stand committed to the county jail until the fine and costs are fully paid under the provisions of Section 8, Article IX, of an Act to revise the law in regard to criminal jurisprudence, in force July 1, 1874, or otherwise. The first process under this section in all prosecutions for the re- covery only of the fines shall be a summons : Provided, however, Digitized by Microsoft® Statutes. 11 that a warrant for. the arrest of the offender, as. in other cases when justices of the peace have original criminal jurisdiction, may issue upon the affidavit of any such person that any of the provisions of this Act have been violated, and that the person making the com- plaint has just and reasonable grounds to believe the party charged is guilty thereof. INDIANA. Burns Revision, 1908 — Sections 10453-10463. 86pj. 1. That the label, wrapper, mark, name, brand, stamp or device used or intended to be used by any union or association of working men or women, or of both, whether incorporated or unin- corporated, for the purpose of designating such goods or merchan- dise as are the products of the labor of the members of such union or association, may be registered as provided in this act and receive the protection herein provided for. 8694. 2. The president or chief officer of any union or associa- tion on whose behalf such registry is desired, shall file, or cause to be filed, in the office of the Secretary of State of this State a written or printed statement, signed by him and verified by affidavit, in which he shall set forth the name of the union or association on whose behalf the registry is claimed ; that he is the chief officer of such union or association authorized to procure such registry; a description of the label, wrapper, mark, name, brand, stamp or de- vice, with a fac-simile thereof sought to be registered ; the mode in which it is or is intended to be, applied and used ; the class of goods or "merchandise on which it is intended to be used ; the length of time, if any, during which it has been in use ; that the union or association, on _ whose behalf the registry is sought, has the right to the same, and that no other person, firm, corporation, union or association has the right to use the same, either in the identical form sought to be registered or in any such near or colorable resem- blance as might be calculated to deceive, except in so far as such use may have been authorized by the union or association, or some local or branch union thereof on whose behalf the registry is sought, upon goods or merchandise which are the products of the labor of members of such union or association, or local or branch union thereof. At the time of filing such statement there shall be paid to the Secretary of State a fee of two dollars for filing and recording the same^ and the label, wrapper, mark, name, brand, stamp or device described in such statement shall be deemed registered within Digitized by Microsoft® 12 Statutes. the meaning of this act from the time of so filing such statement and paying such fee. 8695. 3. The Secretary of State shall note on such verified state- ment the date of the filing thereof and shall record the same in a book kept in his office for that purpose, and certify on such record the date when such statement was filed for record. In any suit or action, criminal or civil, in which such label, wrapper, mark, name, brand, stamp or device may come in question, such verified state- ment, or a duly certified copy thereof, or of the record thereof shall be prima facie evidence of the facts recited in such statement. 8696. 4. The registry in the manner provided in this act of any label, wrapper, mark, name, brand, stamp or device shall entitle the union or association on whose behalf it is so registered to the exclu- sive use thereof, so far as regards the class of goods or merchandise to which it is appropriated in such verified statement, and it shall be unlawful for any other person, firm, corporation, union or associa- tion to use the same or substantially the same, or anything so nearly resembling the same as to be calculated to deceive, upon the same or a similar class of goods or merchandise save, in so far as any person, firm, or corporation may be authorized, by the union or association on whose behalf the label, wrapper, mark, name, brand, stamp or de- vice is registered, to use the same upon goods or merchandise which are the product of the labor of the members of such union or asso- ciation. 869/. 5. Every unlawful use of any label, wrapper, mark, name, brand, stamp or device registered as provided in this act, or of any label, wrapper, mark, name, brand, stamp or device, which is sub- stantially the same as one registered, or so nearly resembling the same as may be calculated to deceive, may be enjoined in any court of competent jurisdiction, and damages recovered therefor. Any action to enjoin such unlawful use or to recover damages therefor may be instituted and prosecuted for the benefit of the union or association on whose behalf the label, wrapper, mark, name, brand, stamp or device is registered by the president or chief officer thereof as plaintiff. And in such action relief shall be awarded to the same extent as if all parties interested in said union or association were plaintiff; and in an injunction be granted the plaintiff shall recover reasonable attorney's fees. 8698. 6. This act shall not be construed to lessen, impair or abridge any rights or remedies that have heretofore existed in favor of any one owning or rightfully claiming a label, wrapper, mark,, name, brand, stamp or device. Digitized by Microsoft® Statutes. 13 86pp. /. Any person who shall knowingly or wilfully cast or engrave or manufacture, or have in his or her possession, or buy, sell or offer for sale, or deal in any die, or dies, plate or plates, brand or brands, engraving or engravings, on wood, stone, metal or other substances, molds or any false representations, likeness, copy or colorable imitation of any die, plate, brand, or mold, of any label, wrapper, mark, name, brand, stamp, or device registered pursuant to the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the State prison for not less than one year nor more than three years, or be fined in any sum not more than two thousand dollars and imprisoned in the county jail not more than six months. 8/00. — Penalty. 8. Any person who shall knowingly and will- fully make, forge, or counterfeit, or have in his or her possession, or buy, sell, offer for sale, or deal in any representation, likeness, similitude, copy or colorable imitation of any label, wrapper, mark, name, brand, stamp or device registered under the provisions of this act, shall, upon conviction thereof, be punished by imprisonment in the State prison for a period of not less than one nor more than three years, or be fined in any sum not more than two thousand dol- lars and imprisoned in the county jail not more than six months. 8?Oi. 9. Any person who shall have in his or her possession, or sell or offer to sell or trade any goods, wares, merchandise or other article upon which he or she knows is placed or affixed any false, forged or spurious label, wrapper, mark, name, brand, stamp, or de- vice registered as provided in this act, or any false, forged or spur- ious label, wrapper, mark, name, brand, stamp or device in likeness or imitation of one so registered shall, on conviction thereof, be punished by imprisonment in the State prison for a period of not more than three years, nor less than one year, or by a fine of not more than two thousand dollars and imprisonment in the county jail not more than six months. 8/02. 10. Any person not authorized to do so by the union or association on whose behalf the same is registered as provided in this act, who shall knowingly take into or have, or keep in his possession any label, wrapper, mark, name, brand, stamp or device so regis- tered, or who shall manufacture, sell, display or use the same, or who shall place the same upon any goods or merchandise of the same or similar class as to that to which the label, wrapper, mark, name, brand, stamp or device is appropriated in the verified statement filed for registry, or who shall take into his possession, have, keep, offcr for sale, sell or dispose of any goods or merchandise of such class Digitized by Microsoft® 14 Statutes. upon which he knows there is placed or displayed any such label,, wrapper, mark, name, brand, stamp or device, without the authority of the union or association on whose behalf the same is registered, shall, on conviction, be imprisoned in the State prison not less than one nor more than three years, or fined in any sum not exceeding two thousand dollars and imprisoned in the county jail not exceeding six months. #703. 11. The word "union" and also the word "association", as occurring in this act, is intended to mean, and shall be consid- ered and held to mean, and embrace any union, association, federa- tion, organization, by whatever name, or working men or women, or both, incorporated or unincorporated, whether such union, asso- ciation, federation or organization be international, national, inter- state, State or local, or whether comprising only one local union, association or organization or any number of local unions, associa- tions or organizations. IOWA. Code, 1897 — Chapter 13, Title 24 — Secs. 5049-5051. Sec. 5049. Substantially same as Section 316, Arizona Statute. Sec. 5050. Substantially same as Section 4, Illinois Statute. Sec. 5051. It shall be unlawful for any person or corporation to imitate any label, trade mark or form of advertisement adopted as provided in the second preceding action, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade mark, or form of advertisement, or the name or seal of such person, union or association, or of any officer thereof, unless authorized so to do, or in any manner not authorized by him or it. Any person violating any provisions of this section shall be impris- oned in the county jail not more than thirty days, or be fined not less than twenty-five nor more than one hundred dollars. Recording fee, $1.00. KANSAS. General Statute, 1905 — Sections 8599-8604. Substantially the same as Arizona Statute, with Section 4 (8602) of the Illinois Statute added. Penalties — Same as Illinois. Recording fee, $2.00. Digitized by Microsoft® Statutes. 15 KENTUCKY. Carroll's Statutes, 1909 — Chapter 130. Sec. 4749. Every union or association of workingmen or women adopting a label, mark, name, brand or device, intending to designate the products of the labor of members of such union or association of workingmen or women shall, in order to obtain the benefits of this ' Act, file duplicate copies of such label, mark, name, brand, or device in the office of the Secretary of State, who shall, under his hand and seal, deliver to the party filing or registering the same, a certi- fied copy, and a certificate of the filing thereof, for which he shall receive a fee of one dollar. Sec. 4750. Every union or association of workingmen or women adopting such label, mark, name, brand or device, and filing the same as specified in the preceding section, may proceed by suit in any of the courts of record in the State, to enjoin the manufacture, use, display or sale of counterfeits or colorable imitations of such . labels, mark, name or device, or of goods bearing the same, and the courts having jurisdiction of the parties shall grant an injunction restraining such wrongful manufacture, use, display or sale of such counterfeits or colorable imitations and of goods bearing the same, and shall award to the complainants such damages resulting from such wrongful manufacture, use, display or sale as may be proved, and shall require the defendant to pay to the complainants the pro- fits derived from such wrongful manufacture, use, display or sale, or both profits and damages. Sec. 4751. In like manner the courts of record of this State shall, in a suit brought by a union or association of workingmen or women restrain by injunction every unauthorized use or display by others of the genuine labels, marks, names, brands, or devices registered in the manner specified in Section 4749, in all cases where such use or display is not authorized by the owner or owners thereof, and shall award damages and profits in such cases the same as in cases of the use of counterfeited labels, marks, names, brands, or devices. Sec. 4752. In no case shall the certificate from the Secretary of the State, obtained in conformity with Section 4749 of this Act be assignable by the party to whom the same is issued. Sec. 4753. Any person or persons who shall in any way use or sell any counterfeit or colorable imitation of any label, mark, name, brand or device, which has been or shall be adopted by any union or association of workingmen or women, and filed and registered Digitized by Microsoft® 16 Statutes. as provided in the said Act to which this is an amendment, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for each such offense, be fined not less than ten dollars nor more than fifty dollars, or imprisoned not more than thirty days, or both. Sec. 4754. Any person or persons who shall make, use or sell any such label, mark, name, brand, or device, when genuine, without the authority or permission of the association or union so adopting and filing the same, or shall use, or sell the same to be used, on any goods or on any article not made or finished by the labor or under the supervision of a member or members of such association or union, shall be guilty of a misdemeanor, and, upon conviction there- of, shall, for each such offense, be- fined not more than fifty dollars nor less than twenty-five dollars, or imprisoned not more than thirty days, or both. Sec. 4755. Any person or persons who shall make, use or distri- bute any counterfeit or colorable imitation of any such label, mark, name, brand or device, knowing the same is such counterfeit or imi- tation, shall be guilty of a misdemeanor, and, upon conviction there- of, shall for each offense, be fined, not more than fifty dollars and not less than twenty-five dollars, or by imprisonment not exceeding thirty days, or both. LOUISIANA. Acts of 1898 — No. 49. Substantially the same as Sections 1 to 6 of the Illinois Statute. Penalties — Fine not more than one hundred dollars, imprison- ment not more than three months. Recording fee, $2.00. MAINE. Revised Statutes, 1903 — Page 397, Sections 30-36. Sec. 30. No person shall counterfeit or imitate any label, trade mark, device or form of advertisement, adopted or used by any asso- ciation or union of workingmen, to indicate that goods to which such label, trade mark, device or form of advertisement may be attached or affixed, or on which the same may be printed, painted, stamped or impressed were manufactured, or produced, packed or put on sale by such association or union, or by any member or members there- of, or use such label, trade mark, device or form of advertisement without the consent or authority of the association or union so hav- Digitized by Microsoft® Statutes. 17 ing adopted and used it ; provided, that such label, trade mark, device or form of advertisement was not, before such adoption and use, lawfully adopted, owned and used by another; but any association ■or union, desiring to adopt and use such label, trade mark, device or form of advertisement previously adopted, owned and used by another may acquire from such owner the right to so adopt and use it. Sec. 31. Every such association or union adopting a label, trade mark, device or form of advertisement as aforesaid, shall file the same for record in the office of the Secretary of State, by leaving two copies, counterparts or fac-simile thereof, with the Secretary of State, together with a statement in writing, signed and sworn to by some person for and in behalf of such association or union, stat- ing when and by whom so far as he knows and believes, said label, trade mark, device or form of advertisement was adopted or used, in what manner and for what purpose the same is to be used and by what right the same is claimed, and such other particulars as shall serve to identify the same ; said secretary shall deliver to such asso- ciation or union, so filing the same, a duly attested certificate of the Tecord of the same. Such certificate of record in all suits and prose- cutions under this chapter, shall be sufficient proof of the adoption of such label, trade mark, device or form of advertisement. Who- ever wilfully swears or affirms falsely to any such statement in writ- ing is guilty of perjury. No label, trade mark, device or form of advertisement, so closely resembling one already recorded as to be liable to be mistaken therefor, shall be recorded, and when in the judgment of the Secretary of State, such resemblance exists he may refuse to record such label, trade mark, or device or form of adver- tisement, and thereupon proceedings may be had for a writ of man- damus, upon the application of any such association or union, as provided in Section 23. Sec. 32. Substantially same as Section 4, Illinois Statute. Sec. 33. Whoever knowingly and with intent to mislead or de- ceive, counterfeits or imitates any such recorded label, trade mark, device or form of advertisement, or knowingly uses or sells any counterfeit or imitation of any such recorded label, trade mark, device, or form of advertisement, or knowingly sells or disposes of, or keeps or has in his possession with intent that the same shall be sold, any goods to which any such counterfeit or imitation of such recorded label, trade mark, device or form of advertisement is at- tached or affixed, or in which the same is printed, painted, stamped or impressed, shall be punished for the first offense bv a fine of not Digitized by Microsoft® 1 8 Statutes. exceeding one hundred dollars, or by imprisonment for less than one year, and for every subsequent offense, by a fine of not less than one hundred dollars nor more than five hundred dollars, or by im- prisonment for not less than sixty days, nor more than three years. Sec. 34. Substantially same as Section 5, Illinois Statute. Sec. 35. Substantially same as Section 6, Illinois Statute. Sec. 36. In all cases where such association or union is not incor- porated, suits and proceedings hereunder may be commenced and prosecuted by an officer or member of such association or union, for and in behalf of and for the benefit of such association or union. Penalty under Sections 34 and 35 same as in Section ^^. Recording fee, $2.00. MARYLAND. Public General Laws, 1904 — Page 790 — Sections 44-49. Sec. 44. Substantially same as Section 314, Arizona Statute. Penalty — Fine not less than one hundred dollars nor more than five hundred dollars and imprisonment not less than three months nor more than one year, or both. Sec. 45. Substantially same as Sectionals, Arizona Statute. Penalty — Fine not less than one hundred dollars nor more than- two hundred dollars, or imprisonment not less than one month nor more than one year, or both. Burden of proof as to guilty knowl- edge on defendant. Sec. 46. Substantially same as Section 316, Arizona Statute. Prohibits recording of label like one already of record. Secretary of State judge of similarity. Recording fee, $2.00. Sec. 47. Substantially the same as Section 4, Illinois Statute. Sec. 48. Substantially same as Section 317, Arizona Statute. Penalty — Fine not less than fifty dollars nor more than two hun- dred dollars, or imprisonment not less than one month nor more than one year, or both. Sec. 49. Substantially same as Section 318, Arizona Statute. Penalty — Same as in Section 48. MASSACHUSETTS. Revised Code, 1902 — Page 619. Sec. 1. "Person" includes "association" and "union label" in- cludes "trade mark," "stamp" and "form of advertisement." Digitized by Microsoft® Statutes. 19 Sec. 7. Substantially the same as Section 3, Illinois Statute. Recording fee, $2.00. If label not to be placed on goods, purpose shall be stated. Sec/ 9. Substantially the same as Section 4, Illinois Statute. Sec. 10. Whoever knowingly makes or uses any counterfeit or imitation of any lawful name or label or causes the same to be made or used, or sells, offers for sale, deals in or has in his possession with intent to use, sell, offer for sale or deal in the same, or affixes, impresses or uses such counterfeit or imitation upon any goods, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 11. Whoever with intent to defraud, knowingly casts, en- graves or manufactures, or has in his possession, or buys, sells, offers for sale or deals in, a die, plate, brand, mould, or engraving on wood, stone, metal or other substance, of a label recorded pur- suant to the Statutes of this Commonwealth, or a printing press, or types or other tools, machines or materials provided or prepared for making a counterfeit or imitation of such label shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 12. Whoever knowingly sells or exposes for sale goods upon which any lawful name or label or any counterfeit or imitation thereof is unlawfully affixed, impressed, or used shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or by both such fine -and imprisonment. Sec. 13. Whoever, with intent to defraud, knowingly aids or abets in the violation of any of the provisions of the seven preceding sections shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. MICHIGAN. Compiled Laws, 1897— Volume 3, Page 3473. Sec. 1. Substantially same as Section 1, Illinois Statute. Sec. 2. A consolidation of Sections 2, 5 and 6 of Illinois Statute. Not necessary to show offense knowingly committed. Sec. 3. Penalty — Fine not less than ten dollars nor more than one hundred dollars — imprisonment not exceeding ninety days, or both. Digitized by Microsoft® 20 Statutes. Sec. 4. Civil suits may be in name of any member of the union ; but he must file his authority signed by President and Secretary of Union before suit is commenced. Attorney for the union or his deputy may prosecute criminal actions, but union must pay him. Prosecuting attorney not prevented from conduct of prosecution. Sec. 5. Equivalent to Section 3, Illinois Stattite. Recording fee, $2.00. MINNESOTA. Revised Code, 1905 — Sections 5072-5076. Substantially Sections 1 to 6, Illinois Statute. Recording fee, $2.00. MISSISSIPPI. Code, 19.06 — Sections 1380-1382. No Registration law. Above sections punish the counterfeiting or use of any label used by a mechanic to mark his goods. Penalty — Fine not exceeding five hundred dollars, or imprison- ment not less than three months, nor more than one year. MISSOURI. Annotated Statutes, 1906 — Chapter 169, Sections 10365- 10372. Sec. 10365. If any mechanic, manufacturer, association or union of workingmen, or other person, shall wish to adopt any particular name, term, design or device as his or their trade mark, to designate, make known or distinguish any goods, wares, or merchandise by him or them manufactured or prepared, he or they may write out a description of such name, term, design or device, describing the same accurately, and sign and acknowledge the same before some officer competent to take acknowledgment of deeds, and file the same together with a fac-simile of the name, term, design or device for registration in the office of the Secretary of State, by leaving two copies, counterparts or fac-similes thereof, with the Secretary of State ; said Secretary shall deliver to such mechanic, manufac- turer, association or union of workingmen, or other person, so filing the same, a duly attested certificate of the filing of the same, for which he shall receive a fee of one dollar; such certificate shall, in Digitized by Microsoft® Statutes. 21 all suits and prosecutions under this chapter, be sufficient proof of the adoption of such label, trade mark, or form of advertisement, and of the right of such mechanic, manufacturer, association or union of workingmen, or other person, to adopt the same. No label, trade mark or form of advertisement shall be registered that in any way resembles or would probably be mistaken for a label or trade mark already registered. Sec. 10366. Any person or persons, association or union of workingmen, who shall knowingly and willfully make, forge or counterfeit any representation, likeness, similitude, copy or imita- tion of the private label, brand, stamp, wrapper, engraving, mould or trade mark usually affixed by any manufacturer, mechanic, mer- chant, tradesman, druggist, person or (body) politic, to, upon or used in connection with the goods, wares, merchandise, compound or preparation of such manufacturer, mechanic, merchant, trades- man, druggist, person, 'association or union of workingmen, or body corporate or politic, with intent to pass off any goods, wares, mer- chandise, compound or preparation, to which said forged, (or) counterfeit representation, likeness, similitude, copy or imitation is affixed, or in connection with which the same may be used or in- tended to be so affixed or used, as the work, goods, wares, imple- ments, merchandise, compound or preparation of such manufacturer, mechanic, merchant, druggist, tradesman, person, association or union of workingmen, or body corporate or politic, shall, upon con- viction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a period of not less than three months nor more than twelve months, or fined not less than one hundred dollars nor more than five thousand dollars, or both such fine and imprisonment. Sec. 10367. Any person or persons, association or union of work- ingmen, who shall, with intent to defraud any person or persons, or body corporate or politic, have in his, her or their possession any die or dies, plate or plates, brand or brands, engraving or engravings, printed labels, stamps, imprints, moulds, wrappers or trade marks, or any representation, likeness, similitude, copy or imitation of the private label, brand, stamp or wrapper, engraving, mould or trade mark usually affixed by any manufacturer, mechanic, merchant, tradesman, druggist, association or union of workingmen, person, or body corporate or politic, to, upon or used in connection with articles made, manufactured, prepared or compounded by him, her or them, for the purpose of making impressions, or selling the same when made, or using the same upon or in connection with any other Digitized by Microsoft® 22 Statutes. article made, manufactured, prepared or compounded, and passing the same off upon the community as the original goods, wares, im- plements, merchandise compound or preparation of any other per- son or persons, association or union of workingmen, or body corpo- rate or politic, or who shall in fact sell or use the same, or for the purpose of secreting the same from the rightful owner or owners, or who shall wrongfully or fraudulently use the genuine label, brand, stamp, wrapper, imprint, engraving, mould, or trade mark, with intent to pass off any goods, wares, implements, merchandise, com- pound or preparation, or other articles not the manufacture of the person, persons, association or union of workingmen, or body cor- porate or politic to whom such label, brand, stamp, wrapper, engrav- ing, imprint, mould, or trade mark properly belongs, as genuine and original, shall, upon conviction thereof, be deemed guilty of a mis- demeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than twelve months, or fined not less than one hundred dollars nor more than five thousand dol- lars, or both such fine and imprisonment. Sec. 10368. Any person, persons, association or union of work- ingmen, or body corporate or politic, who shall vend or keep for sale any goods, wares, merchandise, compounds or preparations upon which or in connection with which any forged imitation or counter- feit label, brand, stamp, wrapper, imprint, engraving, bottle or trade mark shall be placed, affixed or used, and intended to represent said goods, wares, implements, merchandise, compounds or preparations as the genuine goods, wares, implements, merchandise, compound or preparation of any other person, of persons, association or union of workingmen, or body corporate or politic, knowing the same to be imitation or counterfeit, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail not less than one month nor more than twelve months, or both, and shall also be liable in a civil action to the person or persons, association or union of workingmen, or body corporate or politic, whose goods, wares, implements, merchan- dise, compounds or preparations is imitated or counterfeited, placed, affixed or used, for all damages such person or persons, association •or union of workingmen, or body corporate or politic, may or shall sustain, both by virtue of the loss of profits and the damage done to the reputation of the said genuine article, goods, wares, implements, merchandise, compound or preparation, by reason of any of the acts in any section of this chapter mentioned, and may be restrained or Digitized by Microsoft® Statutes. 23 enjoined by any court of competent jurisdiction froin doing or per- forming any of the acts herein mentioned. Sec. 10369. Any person or. persons who shall, with intent to de- fraud any person or persons, association or union of workingmen, or body corporate or politic, knowingly affix or cause to be affixed to or upon any case, box, web, package or bottle containing any goods, wares, merchandise, compound or preparation, any label, brand, stamp, wrapper, engraving, imprint or mark which shall designate such goods, wares, merchandise, compound. or preparation, either wholly or in part by a word or words, or by general design, which shall be wholly or in part the same to the eye, or in sound to the ear, as the word or words or the general design used by any person or persons, association or union of workingmen, or body corporate or politic, for designating any goods, wares, merchandise, compound, or preparation, manufactured or prepared by or for some other per- son or persons, association or union of workingmen, or body corpor- ate or politic, or who shall knowingly sell or expose or offer for sale any such case, box, web, package or bottle, with any such label, brand, stamp, wrapper, engraving, imprint, or mark affixed to or upon it, shall, provided such person or persons affixing or causing to be affixed any such label, brand, stamp, wrapper, engraving, im- print or mark, or so selling or offering for sale any such case, box, web, package or bottle, shall not have been the first to employ or use such word or words or general design to designate, wholly or in part, any goods, wares, merchandise, compound or preparation, and upon conviction thereof be. deemed guilty of a misdemeanor, and shall be liable to the- party aggrieved in the penal sum of five hun- dred dollars, and for a further sum equal to the amount which the aggrieved party might have received for the same amount of gen- uine goods, wares, merchandise, compounds or preparations, and shall be guilty of a misdemeanor, and on conviction may be punished by imprisonment in the county jail for a period of not less than one month nor more than twelve months, or fined not less than one hun- dred dollars nor more than five thousand dollars, or both such fine and imprisonment. Sec. 10370. All courts of this State having jurisdiction of crim- inal cases shall have jurisdiction of proceeding (s) for violation of this chapter. All suits brought under this chapter shall be brought by the person or persons injured or defrauded by such parties ; and if brought by any association or union of workingmen, the suit may be brought in the name of the president and secretary, to the use and Digitized by Microsoft® 24 • Statutes. benefit of such association or corporation, and may thus sue and be sued. Sec. 10371. It shall be the duty of any 'officer within the juris- diction of the court having authority, to whom there shall be deliv- ered any warrant for the arrest of any person alleged to have com- mitted any offense created by this chapter to seize any and all goods, wares, merchandise, compounds, preparations, labels, bottles, dies or moulds, mentioned or referred to in the complaint, or affidavit or information, upon which said warrant issued, and upon final con- viction of the offender, the court shall direct such of same as may be counterfeit to be destroyed, and they shall be so destroyed ac- cordingly; provided, however, that if said property consists of wares, and merchandise, which, in the judgment of the court, are independent of any trade mark, of genuine and intrinsic value, and capable of being applied to a useful and beneficial purpose, then and in such case all counterfeit words, marks, wrappers, labels, em- blems, stamps, brands, bottles, imprints, and signs used in connec- tion therewith shall be first erased, obliterated and destroyed, and said property shall be sold within ten days next succeeding the de- cision of the court thereon, in such manner as the court shall direct, and the proceeds of said sale, less the expense thereof, be applied to the benefit of the school fund of the county in which said seizure was effected. Sec. 10372. No testimony or evidence given by any person in any civil action to which said person may be a party, or by any other witness in such action, or in any reference or proceeding which may be had in such action, nor any testimony or evidence derived from the books or papers of such party or witness, or otherwise, in such action, or in any reference or other proceeding which may be had therein, can or shall be asked, used in any criminal prosecution against such party or witness, under any of the provisions of this chapter, nor shall any party or witness refuse to testify or furnish evidence in any civil action by reason of any of the provisions of this chapter. MONTANA. Codes and Statutes, 1895 — Penal Code. This law (Sections 641-646) is substantially the same as the Arizona Statute, with Section 4 of Illinois Statute added as Sec- tion 644. Violator deemed "guilty of a misdemeanor" — no specific penalty. Recording fee, $4.00. Digitized by Microsoft® Statutes. 25 NEBRASKA. Compiled Statutes, 1909 — Chapter 47a, Section 4i55a-c. Sec. 4175a. Substantially same as Section 316, Arizona Statute. Sec. 4175D-C. Substantially same as Section 4, Illinois Statute. Sec. 4175c. Section 10: It shall be unlawful for any person or corporation to imitate any label, trade mark or form of advertise- ment adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade mark or form of advertisement, or the name or seal of such person, union or association, or of any offi- cer thereof, unless authorized so to do, or in any manner not author- ized by him or it. Any person violating any provision of this Sec- tion shall be imprisoned in the county jail not more than thirty days or to be fined not less than twenty-five nor more than one hundred dollars. The above is the act of 1905. The 1909 compiled Statutes con- tain the Act of 1 89 1, probably because it was not specifically re- pealed ; but the repeal by implication seems clear. Recording fee, $2.00. NEVADA. Session Laws, 1907 — Page 374. Substantially a copy of the Nebraska Statute. Recording fee, $2.00. , NEW HAMPSHIRE. Public Statutes and Session Laws 1901 — Page 407. Substantially the same as the Arizona Statute, with Section 4 of the Illinois Statute added as Section 4. Penalty — Fine, one juindred dollars to two hundred dollars ; im- prisonment three months to one year. Recording fee, $2.00. NEW JERSEY. Public Laws, 1898 — Page 407. Public Laws, 1906 — Page 39 (Section 10). Sec. 1. It shall be lawful for any person, association, organiza- tion, or corporation to adopt for their protection and file for regis- Digitized by Microsoft® 26 Statutes. try, or cause to be filed for registry, as herein provided, any label, trade mark, term or design that has been used or is intended to be used for the purpose of designating, making known or distinguish- ing any goods, wares, merchandise or products of labor that have* been or may be wholly or partly made, manufactured, produced, pre- pared, packed or put on sale by any person, association or corpora- tion, or to or upon which any work or labor has been applied or ex- pended by any person or by any member or members of any asso- ciation, organization or corporation that has adopted and filed for registry, or that may adopt and file for registry, any such label, trade mark, term, or design, as aforesaid, or announcing or indi- cating that the same have been made in whole or in part by any such person, association, organization or corporation or by a member or members thereof. Recording fee, $2.00. Sec. 2. Rights to label accrue and are preserved from time of filing for registry. Secs. 3 and 4. Substance of these Sections is same as that of Section 4, Illinois Statute. Sec. 5. Forbids registration of any label similar to one of record and makes party securing registration by fraudulent representations liable to injured party for resulting damages. Sec. 6. Forbids manufacture, use, sale, offer for sale, uttering or circulation of any counterfeit or imitation of a^registered label, and the selling or having in possession with intent to sell any goods with counterfeit or imitation attached to the goods or to the container. Sec. 7. Forbids the use, sale, offer for sale, or display of the genuine label, or having in possession any genuine label with intent that it shall be used, sold, offered for sale or display, or that it shall be applied, attached or displayed to or on goods, the having in pos- session with intent, etc., any goods in any container on which is a genuine label without license from the union. The license is revoc- able at any time upon notice and "thereafter" any use "thereof" is a violation of the Act. Sec. 8. Union may re-record any label formerly recorded by paying fees, etc., and so get the rights and incur the liabilities of the provisions of this Act. Sec. 9. Court of Chancery has full jurisdiction of all' matters arising under this Act, and may grant full redress for any violation of the Act, may grant injunctions and award damages. Sec. 10. Violators of the Act are liable to a penalty of two hun- dred dollars to be recovered by the owner of the registered label. Digitized by Microsoft® Statutes. 27 If any execution issued for this penalty is returned unsatisfied exe- cution may issue for the body of defendant. Court must make all necessary orders to prevent further violations by defendant. Sec. ii. Union may bring suit in its own name or in name of President, Secretary or Treasurer if officer gets authority before or pending suit but before trial. Suit may be brought in name of local union or in name of its President, Secretary or Treasurer. Authority may be given by Board of Directors, Executive Board or Committee. Person bringing suit may receive money and property recovered. In suits brought by local unions, such local has same rights as other parties authorized to bring such suits. Sec. 12. This Act shall be construed in most liberal manner to effect its purposes. NEW MEXICO. Laws, 1905 — Chapter 24. Sec. 1. Any person or persons, firm, corporation or association who manufacture or deal in articles of a commercial nature and wish to retain the exclusive right to the use of a trade name, trade mark or label, shall make a description of the same in writing, accompa- nied by a fac-simile of such trade name, trade mark or label, which description and application must set forth the class or classes of mer- chandise to be covered by such trade name, trade mark or label, to- gether with a statement that the applicant claims by priority of adop- tion and employment of the same exclusive right to the use thereof. Such instrument shall be signed by at least one of the persons or by the officials of the company making application for registration, the whole duly acknowledged, and filed in the office of the Secretary of the Territory. For the filing of each application and issuing cer- tificate thereof, the Secretary shall collect a fee of $5.00. The Sec- retary shall keep, a record of each trade name, trade mark or label, and it shall be unlawful for any other person, firm, corporation or association to adopt a trade name, trade mark or label, identical with or similar to one previously registered. A copy of such description of any trade name, trade mark or label, certified under the Great Seal of the Territory of New Mexico, shall be prima facie evidence of the facts therein stated. Sec. 2. The proprietor of each trade name, trade mark, or label shall cause the same to be plainly marked, printed, stamped or branded upon each article or original package covered by the same. Sec. 3. It shall be unlawful for any person or persons, firm, cor- poration or association to use or refill any barrel, sack, package or Digitized by Microsoft® 28 Statutes. bottle bearing any registered trade name, trade mark, or label with any article for purpose of deceit. r* Sec. 4. It shall be unlawful for any person or persons, firm, cor- poration or association to make, forge or counterfeit any trade name, trade mark or label previously registered in accordance with this act ; have in his or their possession, except with written permission of the owner thereof, any die, stamp, stencil or model or such trade name, trade mark or label ; vend or keep for sale any drugs, goods, wares or merchandise intended to represent the drugs, goods, wares or merchandise covered by such trade name, trade mark or label, or affix any general design identical with or similar to such trade name, trade mark or label when not the first to employ or use the same. Sec. 5. Any person or persons, firm, corporation or association violating the provisions of sections 3 or 4 of this act shall be deemed guilty of misdemeanor and shall be subject to a fine in a sum not less than $50.00 nor more than $200.00 for each offense, at the discre- tion of the court, together with damages as they may appear. NEW YORK. Consolidated Laws, 1909— Page 2044. Sec. 15. A union or association of employees may adopt a device in the form of a label, brand, mark, name or other character for the purpose of designating the products of the labor of the members thereof. Duplicate copies of such device shall be filed in the office of the Secretary of State, who shall, under his hand and seal, de- liver to the union or association filing or registering the same a cer- tified copy and a certificate of the filing thereof, for which he shall be entitled to a fee of one dollar. Such certificate shall not be as- signable by the union or association to whom it is issued. Sec. 16. A person who (1) shall in any way use or display the label, brand, mark, name or other character, adopted by any such union or association as provided in the preceding section, without the consent or authority of such union or association; or (2) shall counterfeit or imitate any such label, brand, mark, name or other character, or knowingly sells or disposes of, or keeps or has in his- possession with intent to sell or dispose of, any goods, wares, mer- chandise or other products of labor, upon which any such counterfeit or imitation is attached, affixed, printed, stamped or impressed, or knowingly sells or disposes of, or keeps or has in his possession with intent to sell or dispose of any goods, wares, merchandise or other Digitized by Microsoft® Statutes. 29 products of labor contained in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, is guilty of a mis- demeanor, and shall be punished by a fine of not less than one hun- dred dollars nor more than five hundred dollars, or by imprisonment for not less than three months nor more than one year, or by both such fine and imprisonment. After filing copies of such device, such union or association may also maintain an action to enjoin the man- ufacture, use, display or sale of counterfeit or colorable imitations of such device, or of goods bearing the same, or the unauthorized use or display of such device, or of goods bearing the same, and the court may restrain such wrongful manufacture, use, display or sale, and every unauthorized use or display by others of the genuine de- vices so registered and filed, if such use or display is not authorized by the owner thereof, and may award to the plaintiff such damages resulting from such wrongful manufacture, use, display or sale as may be proved, together with the profits derived therefrom. NORTH CAROLINA. Fell's Revisal of 1908 — Chapter 74, Sections 3012-3022. Sec. 3012. It shall be lawful for any person to adopt for his protection and file for registry as provided in this chapter, any label, trade mark, term or design that has been used or is intended to be used for the purpose- of designating, making known or distinguish- ing any goods, wares, merchandise or products of labor that have been or may be wholly or partly made, manufactured, produced, pre- pared, packed or put on sale by any such person, or to or upon which any work or labor has been applied or expended by any person, or by any member of any corporation that has adopted and filed for registry, any such label, trade mark, term or design as aforesaid, announcing or indicating that the same have been made in whole or in part by any such person or corporation or by any member thereof. Sec. 3013. Rights to label secured immediately upon filing for registry. Secs. 3014 and 3015. Substance of these Sections is same as that of Section 3, Illinois Statute. Recording fee, $3.10. Sec. 3016. Authority to use label must be in writing, and filed with the Secretary of State. Fee for recording such "transfer" same as for recording. label. Digitized by Microsoft® 30 Statutes. Sec. 3017. Secretary of State must not record label resembling- one of record. Sec. 3018. Makes person procuring registration fraudulently, liable for damages to injured party. Sec. 3019. Substantially same as Section 2 of the Illinois Statute. Sec. 3020. A substantial copy of Section 7 of New Jersey Statute. Sec. 3021. Courts shall by "appropriate remedies" prevent the abuse and the counterfeiting and imitating of labels, and may award damages. Sec. 3022. Penalty — Two hundred dollars to be recovered by owner of label. NORTH DAKOTA. Revised Codes, 1905. Sec. 8996. Every person who fraudulently counterfeits a trade mark is guilty of a misdemeanor. Sec. 8997. Every person who with intent to defraud has in his possession any die, etc., for making counterfeit or imitation trade marks, or who fraudulently uses the genuine trade mark of another is guilty of a misdemeanor. Sec. 8999. Every person who sells or offers for sale any goods with counterfeit trade mark affixed, "knowing the same to be coun- terfeited" is guilty of a misdemeanor. Sec. 9000. Every person who with intent to defraud affixes to any goods or container of goods any label or word or token which is wholly or in part the same to the eye or ear as the words or token of another's trade mark and every person who knowingly keeps for sale any container so labelled is guilty of a misdemeanor. He is also liable to the aggrieved party for one hundred dollars. Sec. 9001. The words "trade mark" as used in the sections pre- ceding, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to have been imported, manufac- tured, produced, compounded or sold by him, other than any name, word or expression generally denoting any goods to be of some particular class or description. Sec. 1922. Any person desiring to secure within this State the exclusive use of any name, mark, brand, print, designation or de- scription for any article of manufacture or trade or for any mill, hotel property, machine shop or other business as a trade mark, shall Digitized by Microsoft® Statutes. 31 deliver or cause to be delivered to the Secretary of State a particular description or fac-simile of such mark, brand, name, print, desig- nation or description as he desires to use, and if there is not an ap- plication already filed for the same or a similar mark, brand, name, print, designation, or description he shall immediately record the same in a book to be provided and kept for that purpose, which book shall be at all times subject to public inspection and examination, and after the same shall have been recorded as herein provided, the person causing the same to be recorded shall have the exclusive right to the use thereof ; provided, that nothing herein contained shall be construed to authorize the use of figures, letters or Roman numerals. Recording fee, $3.00. OHIO. General Code, 19 10. Secs. 62 1 9-6220-622 1. Substantially the same as Section 3, Illi- nois Statute. Recording fee, $2.00. Secs. 6223-6224. Substantially the same as Section 4, Illinois Statute. Sec. 6225. Any officer or member of unincorporated union may bring actions. Secs. 6226-6227. Provide same remedies as to unauthorized use of genuine label as Sections 6223 and 6224 provide in regard to counterfeits. Sec. 13 102. Substantially same as Section 2, Illinois Statute. Sec. 13153- Punishes fraudulent registration. Secs. 13154 and 13155. Substantially same as Sections 5 a'nd 6, Illinois Statute. In addition they prohibit unauthorized use of "Union Shop* Card." (Addition is in House Bill No. 538, 191 1.) Sec. 13482. Provides for Search Warrant. Penalty — Fine, twenty-five to one hundred dollars. OKLAHOMA. Compiled Laws, 1909 — Sections 8793-8799. Substantially same as Section 1 to 6 Illinois Statute. Penalty — Fine, not more than one hundred dollars ; or imprison- ment not more than three months. Recording fee, $2.00. Digitized by Microsoft® 32 Statutes. OREGON. Ballinger & Cotton's Annotated Code, 1902. Substantially same as Section 1 to 6 Illinois Statute. Penalty — Fine, not more than five hundred dollars ; or imprison- ment not more than three months, or both. Recording fee, $2.00. PENNSYLVANIA. « Purdon's Digest (1910) — Volume 4, Page 4804. Sec. 1. That hereafter it shall be lawful for associations and unions of workingmen incorporated or unincorporated, to adopt a label, symbol, trade mark or private stamp for their protection and for the purpose of designating the product of their particular labor or workmanship and to register the same in the manner herein pro- vided. Every such association or union of workingmen, having adopted and registered under the provisions of this act any trade mark, label, symbol or private stamp shall have, possess and enjoy full, complete and unquestioned power and authority to name, make, dictate and specify the condition and limitations under which the same may be used by any person or persons employing the mem- ber or members of said association or unions, or manufacturing any article or articles upon which any such trade mark, label, symbol or private stamp may be affixed, or using in any manner in his or their business the labor, symbolized by any such trade-mark, label, symbol, or private mark, so registered. And provided, that where two or more . organizations, associations or unions have adopted an allied crafts' trade mark, label, symbol or private stamp, and granted the use of it to any person or persons, and conflict has arisen between such grantee and any one or more of the organizations having an interest in said allied crafts' trade mark, label symbol or private stamp, that any one or more of said organizations, associations or unions may rescind the grantee's right to use said joint trade mark, label, symbol or private stamp, and the continued use of it, after notice in writing that the right thereof has been rescinded by any of the parties interested, shall render the grantee liable to the pen- alties of this act. Sec. 2. Any such association or union, having adopted any such label, symbol, trade mark or private stamp, may register the same in the office of the Secretary of the Commonwealth, by filing a deserip- Digitized by Microsoft® Statutes. 33 tion of fac-simile thereof; provided, that notice of the intention of such filing shall be published for three weeks in two newspapers of general circulation, once a week. Such Secretary shall issue so many certificates of such registration as the party filing the same may re- quire, upon the payment of a fee of one dollar for each such certi- ficate. In all prosecutions under this act, and in all proceedings at law or equity, any such certificate shall be prima facie evidence that all the requirements of law to entitle such label, trade mark, symbol or private stamp to registration, have been complied with, and that the same had been duly adopted by the association or union on whose behalf the same was filed. No label, symbol, trade mark or private stamp shall be admitted to registration which may be readily mis-, taken for one already registered. Sec. 3. Any person Or persons counterfeiting or imitating, or using or displaying, or selling or offering for sale, a counterfeit or imitation of any such trade mark, label, symbol or private stamp of any such association or union, or using any original or bona fide trade mark, label, symbol or private stamp, without authority from the association or union owning, controlling or having jurisdiction over the same, or after the license or authority to use the same has been rescinded, or revoked by the association or union owning, con- trolling or having jurisdiction over the same ; and any person or persons who shall use any such trade mark, label, or symbol, or pri- vate stamp of such association or union, by placing the same on goods or wares which are not the product of members of such asso- ciation or union; and any person or persons who shall knowingly sell or offer for sale any goods or wares on which such label, symbol or trade mark, or private stamp, shall be so wrongfully placed, shall be guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine of not less than five hundred ($500) dollars and not more than one thousand ($1,000) dollars, or by imprisonment for a term not less than one year and not more than five years, or either, or both, in the discretion of the court. Sec. 4. Any association or, union having registered its trade mark, label, symbol, or private stamp, as provided by this act, may proceed before any court having competent jurisdiction to restrain and enjoin the use, manufacture, display or sale of any counterfeit or imitation trade mark, label, symbol or private stamp as aforesaid, or the continued or longer use of any original or bona fide trade mark, label, symbol or private stamp by any person or persons who may have secured the same unauthorized by the association or union to which it belongs, or whose right, license or authority to use the Digitized by Microsoft® 34 Statutes. same has been rescinded or revoked by the association or union owning or controlling the same or whole or in part as hereinbefore provided : And provided, that the surrender of possession and re- delivery of any such trade mark, label, symbol, or private stamp may be decreed in equity, and enforced as like decrees are now enforced.. RHODE ISLAND. General Laws, 1909 — Chapter 196. Substantially the same as Section 1 to 6, Illinois Statute, but notice of application for registration must be published for three weeks. Penalty — Fine, not more than one hundred dollars, or imprison- ment not more than three months. Recording fee, $2.00 and costs of publication. SOUTH CAROLINA. Acts of General Assembly, 1910— Page 781. Substantially the same as Rhode Island Statute, including penalty. Recording fee, $2.00, cost of publication to be added. SOUTH DAKOTA. Compiled Laws, 1908. Political Code. Article 36. — Trade Marks. Sec. 3190. It shall be lawful for associations and unions of workmen to adopt, for their protection, labels, trade marks, and advertisements, used by such unions or associations, announcing that goods manufactured by members of such associations or unions are so manufactured by such members. Sec. 3 19 i. Any and all persons using such union or association trade marks, labels or advertisements, whether exactly like such labels, trade marks or advertisements or not, if with the intention to, or likely to, deceive the public, shall be guilty of misdemeanor and on conviction thereof shall be punished by imprisonment of not less than twenty-five dollars nor more than one hundred dollars, or both. Digitized by Microsoft® Statutes. 35 Sec. 3192. Every person who shall use any such counterfeited trade mark, label or advertisements of such a union or association, after having been notified that the same is so counterfeited, shall be guilty of a misdemeanor and on conviction thereof shall be punished by imprisonment of not less than ten days nor more than thirty days, or by fine of not less than twenty-five dollars nor more than one hundred dollars, or both. Sec. 3193. Every association of workingmen or labor union adopting a trade mark, label or advertisement of the kind specified in Section 3190, shall record the same in the office of the Secretary of State leaving two copies of said labels or advertisements with said Secretary of State, who shall, under his hand and seal, deliver to the association or union recording such label or advertisements a certificate of record for which he shall receive a fee of one dollar. Sec. 3194. Substantially same as Sec. 4, Illinois. Sec. 3195. Wrongful use of genuine label may be enjoined. TENNESSEE. Acts of 1905 — Page 54. Sec. 1. Extends meaning of "Trade Mark" so as to include union labels. Secs. 2 to 7. Are substantially the same as Sections 1 to 5, Illi- nois Statute. Sec. 8. Persons who buy in good faith may sell goods with coun- terfeit labels on, but must not make false representations at time of selling. Penalty — Fine, not exceeding one hundred dollars, or imprison- ment not exceeding three months. Recording fee, $5.00, includes one certificate. Each additional certificate $1.00. TEXAS. Revised Civil Statutes, 1895 — Title XIII, A, Page 93. Art. 318c. Substantially same as Section 4, Illinois Statute. Art. 3i8d. Substantially same as Section 316, Arizona Statute, with this addition: no emblem, design or resemblance thereto used by any charitable, benevolent or religious society may be registered as a label without the society's consent. Digitized by Microsoft® 36 Statutes. Penal Code — Chapter 14, A, Page 164. Art. 9i8d. Substantially the same as Sections 314 and 315 of Arizona Statute. Penalty — Fine, twenty-five dollars to one hundred dollars. Each day's violation a separate offense. Art. 918c. Substantially the same as Section 5, Illinois Statute. Recording fee, $1.00. UTAH. Comp. Laws, 1907 — Sections 2720-2723 and Sections 4482- 4486. Sec. 2720. The phrase "trade mark" includes union labels. Sec. 2721. Recorded with Secretary of State. Any person, as- sociation or union, may record any trade mark or name by filing with the Secretary of State his or its claim to the same, and a copy or description of such trade mark or name, with this affidavit at- tached thereto, certified to by any officer authorized to take acknowl- edgments of conveyances, setting forth that he, or the firm, corpora- tion, association or union, of which he is. a member, is the exclusive owner, or agent of the owner of such trade mark or name. Sec. 2723. Substantially same as Section 3199, California. Sec. 4482. Substantially same as Section 350, California. Sec. 4483. Substantially same as Section 351, California. Sec. 4484. Substantially same as Section 352, California. Sec. 4486. Substantially same as Section 354, California. Recording fee, $3.00. VERMONT. Public Statutes, 1906. Sec. 4962. A person, partnership or corporation may adopt as and for a trade-mark or trade name any particular name, term, de- sign, device, label, stamp or form of advertisement, not previously owned or adopted by another person, partnership or corporation, to designate or distinguish goods, wares or merchandise bv him or them manufactured or prepared, and may file the same for record in the office of the Secretary of State, by leaving two copies, counter- parts or fac-similes thereof with said Secretary, and shall also file therewith an accurate description of such name, term, design, de- vice, label, stamp or form of advertisement, verified under oath by Digitized by Microsoft® Statutes. 37 the person or some officer of the partnership or corporation by whom it is filed. The fee for such filing shall be two dollars. The Secretary of State may make such rules and regulations and pre- scribe such forms as may be necessary to carry out the provisions of this chapter. Sec' 4963. The Secretary of State shall deliver to the person, partnership or corporation so filing such trade mark or trade name, a duly attested certificate of the record thereof, for which he shall receive a fee of two dollars. Such certificate shall, in all suits and prosecutions under this chapter, be sufficient proof of the adoption of such trade mark or trade name. No name, term, design, device, label, stamp or form of advertisement shall be recorded that in any way resembles or would be reasonably mistaken for a name, term, design, device, label, stamp or form of advertisement already on record. Sec. 4964. A person who, without authority from the owner of a trade mark or trade name, adopted and recorded as aforesaid, know- ingly and wilfully makes or sells a representation, likeness, simili- tude, copy, imitation or counterfeit of such trade mark or trade name, or who, without authority from such owner, affixes, im- presses or uses such trade mark or trade name upon any goods, wares or merchandise, shall be imprisoned not more than one year or fined not more than one thousand dollars, or both. Sec. 4965. A person who knowingly and wilfully sells or keeps for sale goods upon which or in connection with which is affixed a forgery, imitation or counterfeit of a trade mark or trade name adopted and recorded as provided in this chapter, and intended to represent such goods as the genuine goods of another person, shall be punished as provided in the preceding section. Sec. 4966. A person who, with intent to defraud another person, partnership or corporation, knowingly affixes or causes to be affixed to or upon a package or bottle containing goods, wares or merchan- dise, a name, term, design, device, label, stamp or form of advertise- ment, which designates such goods, wares or merchandise either wholly or in pari, by a word or words, or by general design, which is wholly or in part the same, either in appearance or sound, as the word or words or the general design of a trade-mark or trade name adopted and recorded as provided in this chapter, or who knowingly sells or exposes for sale such package or bottle with such imitating or counterfeit name, term, design, device, label, stamp or form of advertisement, may also be imprisoned not more than one year or fined not more than five hundred dollars, or both. Digitized by Microsoft® 38 Statutes. Sec. 4967. The court of chancery may, on complaint of the owner of a trade mark or trade name adopted and recorded as pro- vided in this chapter, enjoin other persons, partnerships or corpora- tions from the manufacture, use or sale, without the authority of the owner, of all likenesses, similitudes, copies- imitations or coun- terfeits thereof, and also from selling or exposing for sale goods, compounds or preparations, by reason of such wrongful manufac- ture, use, sale or exposure for sale, and may also require the de- - fendant to pay to the complainant in such cause a sum equal to the amount which the complainant would have received for the same quantity of genuine goods, compounds or preparations, and may also order that all such likenesses, similitudes, copies, imitations or counterfeits in the possession or under the control of the defendant be delivered to an officer of the court or to the complainant, to be destroyed. VIRGINIA. Code, 1906 — Section i9o6d, Volume i, Page 999. Substantially same as Sections 1 to 6, Illinois Statute. Penalty — Fine, not exceeding one hundred dollars, or imprison- ment not exceeding three months. Recording fee, $4.50. WASHINGTON. Ballinger's Annotated Codes and Statutes, 1897. Secs. 3621 to 3627. Are substantially the same as Sections 1 to 6, Illinois Statute. Sec. 3628. Substantially the same as Section 335, Florida. Penalty — Fine, not exceeding one hundred dollars, or imprison- ment not more than three months. Recording fee, $5.00. WEST VIRGINIA. Code, 1906 — Sections 2859-2865. Substantially the same as Sections 1 to 6, Illinois Statute. Penalty — Fine, not exceeding five hundred dollars ; imprisonment not more than three months, or both. Recording fee, $2.00. Digitized by Microsoft® Statutes. 39 . WISCONSIN. Session Laws, 1909— Page 688. Sec. 1747a. 1. Provides for application for registration. Sub- stantially same so far as union labels are concerned as Section 3, Illinois Statute. Recording fee, $2.00. Sec. 1747a. 2. Labels for parts of articles may be registered. Sec. 1747a. 3. Papers to be recorded, fee, one dollar. Sec. '1747am. 1. Unlawful to remove label, etc., from any article to serve as pattern for reproducing or imitating it. Sec. 1747am. 3. Unlawful to make use or display of label without consent of owner. Such use may be enjoined. Sec. 1747am 1. Violations of 1747a and 1747am punishable by imprisonment not more than six months or fine not more than two hundred dollars. Sec. 1747am 2. Labels already of record (May 13, 1909) need not be again recorded. General Statutes, 1898 — Chapter 84 A, Page 1257. Secs. 1747b and 1747c. Provide for certificate of record and pro- hibiting of fraudulent registration substantially same as like pro- vision in Section 3, Illinois Statute. Supplement, 1906 — Page 820. Sec. i747dd. Substantially same as Section 4, Illinois Statute. Supplement, 1906— Page 1330. Sec. 4463a. Substantially same as Section 5, Illinois Statute. Sec. 4464. Substantially same as Sections, Illinois Statute. Penalty — Fine, not exceeding one hundred dollars, or imprison- ment not more than six months. WYOMING. Laws, 1899 — Chapter 5. Secs. 2526-2528. Substantially the same as Sections 3 and 4, Illinois Statute. Recording fee. $2.00. Digitized by Microsoft® 40 Statutes. Sec. 2529. Every person, who, without the authority from the owner of a label, trade mark, stamp or form of advertisement re- corded as aforesaid, shall make or use any counterfeit or imitation of such label trade mark, stamp, or form of advertisement, knowing the same to be counterfeit or imitation, and every person who, with- out authority from such owner, shall affix, impress or use such label, trade mark, stamp, or form of advertisement upon any goods shall be punished by a fine not exceeding two hundred dollars, or by im- prisonment not exceeding one year, or by both such fine and impris- onment. Sec. 2530 Every person who shall sell goods upon which such label, trade mark, stamp or form of advertisement recorded as afore- said, or any counterfeit or imitation thereof, shall be unlawfully im- pressed, affixed or used, shall be punished by a fine not exceeding two hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, unless such person shall show that at the time such goods came into his possession he did not know that the impression, affixing or use of such label, trade mark, stamp or form of advertisement was unlawful. Sec. 2531. In any suit or prosecution under the provision of this Act the defendant may show that he or it was the owner of such label, trade mark, or form of advertisement, prior to its being filed under the provisions of this Act, and that it has been filed wrong- fully or without right by some other person, association or union. Canada Trade Mark Law, information and forms, may be ob- tained by addressing Minister of Agriculture, Copyright and Trade Mark Branch, Ottawa, Ontario. Digitized by Microsoft® STATE REGISTRATION. Many of the States have adopted a form of application for the registration of trade marks and labels, but most of the blanks fur- nished are only for the use of individuals and corporations. The unincorporated association seems to have been ignored, not only in the blank applications but also in the certificates, and as the great majority of the labor unions are unincorporated, many changes in the forms furnished and certificates issued become necessary. In California, for instance, the law provides that any person may record any trade mark or name for himself or for any firm or cor- poration of which he is a "member. There appears in the act no restriction as to residence or place of business. But a labor union in order to procure registration must be "organized and existing in this State" (California). With the "claim" must be filed the affi- davit of the president of the union that the union of which he is the president is the exclusive owner of the trade mark. The certir ficate applies only to registration by a person for himself, his firm or his corporation. There is no recital in the certificate that the claimant is a labor organization "organized and existing in this State." This should appear both in the application and certificate. In two of the States (Kentucky and Virginia) the Secretary re- quires the use of the forms furnished by him. In some others the forms furnished may be used, but almost all of them require erasures and interlineations. The application should in every instance set forth all that the statute requires in order to entitle a label to regis^ tration. The fees noted (see Statutes) are in accordance with the latest, information in that regard, but may in some cases be inaccurate. The tendency is to increase the amount of fees, and as this is done by passing laws concerning fees only, they do not appear in any of the statutes concerning labels. In California the label law fixes the fee at $3.00, but an amendment to the fee bill statute raises it to $5.00. In Idaho the label law fixes the fee at $2.00, but a law fixing the fees of the Secretary of State makes them $6.00. 5 41 Digitized by Microsoft® 42 State Registration. The registration must be in the name of the general body- — that is, the National or International Union. A local union may not lawfully register the label of the National or International. Many certificates of registration of such labels have, however, been issued to local unions. In every such case a registration should be had by the general union, and the consent in proper form of the local union should accompany the application for such registration. The copies of the label to be sent vary in number from two to six. It is advisable to send many more than the law requires. Get a pay envelope, inclose a dozen or more and send with the application. The recording officer then has on hand copies which may be em- bodied in additional certificates when called for. One union, in or- der to obtain a certificate of its label, as originally recorded, was obliged to wait for it until a new plate was made and copies printed from it. After the first registration, the label had been changed by the addition of the printer's label and the use of a large type and the Secretary of State would not insert a copy of the label then in use in his certificate. Every certificate of registration should contain a copy of the label or a description of it in words, or such copy or description should be so attached to the certificate as to make the copy or description a part of the certificate. A number of secretaries certify the "the label" of the (such and such) union was duly recorded, but nothing within the certificate or attached to it shows what label was recorded. Every certificate should be examined and if it does not show either by a copy or description what the label is, it should be promptly re- turned for rectification. The certificate should also show that the label was recorded. Some Secretaries certify that a union filed the papers necessary to procure the recordation but do riot certify that the label was recorded. Inasmuch as in most States the Secretary is prohibited from recording some labels, a certificate that the union has filed its application is not enough. Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Ken- tucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Ne- braska, New Hampshire, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington and Wisconsin furnish blank applications for registration. Mis- souri furnishes a form as a guide but it is not intended for use. In the forms submitted the phrase "name of officer" always refers to the officer of the union who is making the application in its be- half, the term "Magistrate" being used to designate the officer who administers the oath to, or takes the acknowledgment of the officer Digitized by Microsoft® State Registration. 43 •of the union. "Title and jurisdiction of magistrate" means, for instance, "Notary Public" (i. e. the title) and "in and for the County •of New York, State of New York" (i. e., the territorial jurisdic- tion.) Forms for Application to Register are given on page 96 and fol- lowing pages. Names of the States which furnish blank forms are marked with a (*) or (f). For convenience sake the name of the State capital is given. Digitized by Microsoft® FEDERAL REGISTRATION. The Patent Office of the United States utterly refuses to recognize the Trade Union Label as a proper subject for registration under the Trade Mark Acts. In re Cigar Makers' Assrf., 16 Official Gazette, 958. Whether or not such registration is desirable is at least debatable. "Registration under the Statute confers no new rights to the mark claimed or any greater rights than already exist at common law without registration.!' 28 Amer. and Eng. Encyclopaedia, 435. "The registry of a trade mark under this law adds nothing to the right of ownership therein (except jurisdiction in the United States Court, of doubtful constitutionality) and takes nothing away from such ownership." Sarrazin vs. W. R. Irby Cigar Co., 93 Fed. Rep., 624-627. Same case, 46 Lawyers Reports Annotated, 541. The effects of the Trade Mark Act are: (1) It creates a perma- nent record of the date of adoption and use of the mark; (2) give? jurisdiction to the Federal Courts; (3) enables treaty stipulations to be carried out. United States vs. Duell, 17 App. Cas., D. C, 575. Certainly effects 2 and 3 are of no benefit to any labor organiza- tion. Section 23 of the act of 1905 provides "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." This section preserves without registration every common law and equitable right of the owner of a trade mark. If the Act gave any additional remedy to such owner the advantages of registration would be clearly apparent, but it does not. Section 16 gives the right to triple damages against any person who shall use or shall 44 Digitized by Microsoft® Federal Registration. 45 have used a counterfeit or imitation in commerce among the sev- eral States or zvith a foreign nation or with the Indian tribes, but Section 19 puts upon the owner the burden of proving the sales and profits of the infringer, and of course this means the sales in com- merce with the several States, foreign nations and Indian tribes. The Supreme Court of the United States says : "This exclusive right (to a trade mark) was not created by the act of Congress and does not now depend upon it for its enforcement. The whole system of trade mark property and the civil remedies for its protection ex- isted long ■ anterior to that Act and have remained in full force since its passage. Trade Mark cases, 100 U. S. Rep., 82-100. Registration under the trade mark act is of but little, if any, value, except for the purpose of creating a permanent record of the date of adoption and use of the trade mark, or in cases where it is necessary to give jurisdiction to the United States Courts. Hennessy vs. Braunschweiger, 89 Fed. Rep., 664-668. The certificate of registration is only prima facie evidence of ownership of the trade mark registered and is not conclusive or binding upon the courts as to the rights of a party to its exclusive use. Brower vs. Boulton, 53 Fed. Rep., 389. The certificate of registration is not a grant of any right or privi- lege and does not therefore conclude a third party. United States vs. Braun, 39 Fed. Rep., 775. It has been expressly held that registration could not serve as the foundation for a preliminary injunction. Leschen Sons Rope Co. vs. Broderick and Rope Co., 123 Fed. Rep., 149, 152. No criminal prosecution or punishment for a counterfeiter or imi- tator of a trade mark is anywhere provided for. An arrest followed by fine or imprisonment is effective in almost every instance. The civil remedies, injunction and suits for damages, have little or no effect upon the use of counterfeits and imitations. It is still an open question whether Congress has any power to legislate upon the subject of trade marks^at all. The Acts of 1870 and of 1876 were declared unconstitutional and void. Trade Mark cases, 100 U. S. Repts., 82. Digitized by Microsoft® 46 Federal Registration. The constitutionality of the Act of 1881 was never passed upon r but the Court of Appeals of the Seventh Circuit held that its validity- was "fairly doubtful" Ills. Watch Case Co. vs. Elgin Nat'l Watch Co., 94 Fed. Rep., 667-669. And, in the same case, the United States Supreme Court expressly declined to pass upon the question of its constitutionality. Elgin Nat'l Watch Co. vs. Ills. Watch Case Co., 179 U. S.- Repts., 667-669. After the laws of 1870 and 1876 had been declared unconstitu- tional, the matter of trade mark legislation was in the hands of the committee on the judiciary of the House during the Forty-sixth Congress, and this committee recommended the adoption of an amendment to the Constitution to read, as follows : "ARTICLE XVI. "Congress for promotion of trade and manufacture, and to carry into effect international treaties, shall have power to grant, protect and regulate the exclusive right to adopt and use trade marks." This recommendation was based upon the idea that such legisla- tion, though confined to foreign and interstate commerce, is uncon- stitutional. In support of the recommendation they stated : "If the Congress of the United States now has power to pass such laws, the amendment would be useless. Has it that power ? "After careful consideration we are of opinion that it has not. The Supreme Court in its opinion avoided deciding that question. A trade mark is a convenience of commerce. Its purpose is to identify the thing to be sold. "But it is no more than the guaranty in writing, or by some words, sign, or device, attached to the thing to be sold, that it is what the seller represents it to be by such writing. By themselves they are not merchandise. Their only use is to attach to merchan- dise for such identification. They are not necessary to commerce. On the countless things sold in this country, foreign and domestic, there are no trade marks but on about 8,000." The committee also states that in Paul vs. Virginia (8 Wallace) the court held that insurance policies were but mere contracts of indemnity against loss by fire ; that trade marks were mere contracts of indemnity against loss by fraud. They further reported that they were of the opinion that trade Digitized by Microsoft® Federal Registration. 47 marks in commerce with foreign nations and with the Indian tribes can be protected under the treaty-making power. See Cong. Record, Vol. 10, Pt. 2, p. 15 14. But the Act of 1905 and its amendment of 1906 include interstate commerce, and that portion of it does not come within the treaty- making powers. The right of Congress to legislate upon the subject at all is doubtful; the benefits, if any, arising from Federal Registration, if it were obtainahle, would be very meager; but Congress has the same control of the District of Columbia as a State legislature has over a State and it has the right to provide for the registration and protection of trade union labels within that District. Digitized by Microsoft® DIGEST OF COURT DECISIONS. Allen vs. McCarthy — 37 Minn., 349. Held: Upon the question whether a complaint in an action brought by plaintiffs, as "officers and members of the Cigar Makers' Protective Union, No. 98, of the State of Minnesota, a branch and member of the Cigar Makers' International Union of America, com- posed of local union societies," to restrain defendant from putting up, selling, stamping, or offering for sale any boxes containing any cigars whatever, having posted, placed, or put thereon a label or trade mark in imitation of plaintiffs' label, and having thereon the words "Union-Made Cigars", shows a proprietary interest in plain- tiffs in the trade mark or label entitling them to maintain the ac- tion — the court is equally divided. (Rep. — .) Beebe z's. Tollerton, Etc. Co. — 117 Iowa, 593. Suit in equity to enjoin defendant from using a counterfeit label on cigars sold by it. Decree for plaintiff, and defendant appeals. Held: 1. Even if Code, Section 5050, authorizing an action to enjoin use of a counterfeit of a label, applies only where defendant knows it is a counterfeit, injunction may be granted where defend- ant, after being informed of the counterfeit, delivers goods, pre- viously sold, bearing the label. 2. The title of Acts, Twenty-fourth General Assembly, Chapter 36, "An Act to Protect Persons * * * In Their Labels, Trade Marks and Forms of Advertising," is sufficiently comprehensive to embrace the remedy by injunction, the recovery of damages, the re- covery of profits, as a penalty, and of an attorney's fee. (Vol. 117 Iowa. 38.) 3. Under Code, Section 5050, authorizing a judgment, in action to enjoin use of a counterfeit label, of damages resulting from the wrongful use thereof, and that defendant pay the profits derived from such use, there must be proof of damages or profits to author- ize a recovery on account thereof. ,--•- c - 48 Digitized by Microsoft® Digest of Decisions. 49 4. To authorize recovery for profits under Code, Section 5050, providing for the recovery of profits derived by defendant from use of a counterfeit label, it must be shown that he acted in bad faith. 5. An allowance of $250 is reduced to $150. Bloete vs. Simon— 19 Abb. N. C. (N. Y.), 88. This is a demurrer to the plantiffs' complaint on the grounds : ( 1 ) That there is a defect of parties in that other persons, associates of plaintiffs, should have been joined with them as plaintiffs; (2) that plaintiffs have not legal capacity to sue on behalf of their asso- ciates; (3) that the complaint does not state a sufficient cause of action. Held: I. A complaint by certain members of cigar makers' unions, showing the adoption, ownership and use of a trade mark or label upon the cigars made by the members of such unions, and the general recognition by cigar makers and the public of their exclusive right to its use, and its use by defendant, who was not a member of any union, upon cigars made by him, and their sale with fraudulent intent to induce purchasers to believe that the cigars were made by members of the cigar makers' unions, and irreparable damage to the plaintiffs therefrom, shows good ground for equitable relief and protection by way of injunction. 2. The provision of Code (Civ. Pro., Para. 448)', allowing suit by one or more persons for the benefit of all who are united in inter- est, where the parties are so numerous that it is impracticable to bring them all before the court, applies to actions by individual mem- bers of an unincorporated association, although paragraph 19 19 pro- vides for suit by the president or treasurer thereof. Bulena vs. Newman — (31 N. Y. S., 449-) Held: Laws 1893, C. 219, making it an offense to use any coun- terfeit or colorable imitation of a label adopted to designate the product of the labor of the members of a labor union, does not make knowledge or intent an ingredient of the offense; and an allega- tion in the complaint, in an action to recover the penalty prescribed by the Statute, that defendant knew that the label was counterfeit. and used with ir^^ic^jr^re^jai^g^^s^ere surplusage. NEW YORK STATE SCHOOL 14084 WWSTfHA YORK STATE SCHUUL HlffitMOMfioNS 50 Digest of Decisions. Carson vs. Ury — (39 Fed., 777.) Held: The Cigar Makers' International Union of America, an unincorporated association for mutual benefit, adopted a label pur- porting to be issued by the union, and to be placed on boxes of cigars made by members of the union. Complainant, who was a manufacturer of cigars, and a member of the union, filed a bill to restrain defendants, who were not members thereof, from making and selling counterfeits of the union labels, with the alleged attempt to defraud complainant and the public. The bill alleged that by the use of the labels complainant was enabled to receive a higher price for his cigars, and that the sale of such counterfeit labels in- jured his trade. Held, that though there is no trade mark in such labels, as complainant shows special damage and that the right to use them is valuable, and as the adoption and use of such labels are in no way unlawful, and the action of defendants is confessedly fraudulent, in that they sold the spurious labels, though they may not have used them on cigars of their own manufacture, the bill alleges good grounds for equitable relief. Cigar Makers' Protective Union vs. Conhaim — (40 Minn., 243-) The Cigar Makers' Union, having many thousands of members> adopted or agreed upon a certain symbol or device to be used by their several members, by placing it on boxes of cigars made by such members; such device not indicating by what persons the cigars are made, but only that they are made by some member of one of such unions, the right to use the device belonging equally to each of all the members, and continuing only while the person re^ mains a member. Held: Not a legal trade mark. Cigar Makers' Union vs. Goldberg — (70 N. J. L., 488.) This an action for a penalty under Sections 6 and 10 of the act to provide for the registration of labels, approved March 15, 1898. (Pamph. L., p. 83.) Held: i. The act relating to the sale of articles of merchandise with a counterfeit label thereon, approved March 15, 1898 (Pamph. L., p. 83), is not unconstitutional. Digitized by Microsoft® Digest of Decisions. 51 2. Knowledge of the fact that the label is a counterfeit is not made of the essence of the offense, and need not be shown to en- title one suing under the act to recover the penalty imposed. Cigar Makers' Union vs. Lindner — (2 Ohio N. P., 114.) The plaintiff, an unincorporated association of cigar makers, has adopted a label to be placed upon boxes containing cigars made by its members, and complied with the requirements of the act by registration; etc. The defendant, a cigar maker, admits the unauthorized, deliber- ate, continual and extensive use of an exact counterfeit of this label upon the boxes containing the cigars made at his establishment. The application is for an injunction. Held: 1. The law for the protection of labels adopted by labor unions to designate the product of their members (89 Ohio St. 766) is constitutional. 2. Such label adopted by a labor union would be protected under that Statute by enjoining the unauthorized use of the same at the suit of such labor union, although such union does not itself manu- facture or deal in the respective articles. 3. The statements of a label recommending the goods as made by a first-class workman, and stating that the organization is op- posed to inferior, rat-shop, coolie, prison, and filthy tenement-house workmanship, are lawful, and not objectionable as against public policy. Cigar Makers' Union No. 1 vs. Link. — Circuit Court of Baltimore, 1886. Bill for injunction to restrain the "piracy of a label issued by the Union." Phelps, Judge presiding, held: 1. That the local union may maintain such a bill on its own be- half and in behalf of all others having a common interest in the same label. 2. That the label has a distinguishable existence, has a value which is admitted by demurrer and proven by the attempt of 'de- fendant to steal it. That having such existence and value the label is a property right of the union in which all its members have a common interest. Digitized by Microsoft® 62 Digest of Decisions. 3. A voluntary association may own property. 4. There is no presumption that the statement "the cigars con- tained in this box have been manufactured by a first class workman" is substantially untrue. Injunction granted. Cigar Makers' Union No. 102 vs. Bed Rock Cigar Co., Circuit Court, District No. i, Kansas City, Mo., 1887. Action for injunction to restrain the use of a counterfeit union label on non-union cigars. Judge Gill, presiding, held: Even admitting, as claimed, that the union is not a legal organi- zation, I cannot help but recognize the union label as their trade mark, and no one has a right to counterfeit it in any way so as to mislead the public or to use it on any cigars not made by members of the organization. Temporary injunction made permanent. Cigar Makers' Union No. 238 vs. Poska, Sacramento, Cal., 1 Poska, a dealer in Chinese-made cigars, displayed a sign reading "First International Union Shop of Sacramento;" "Only Union Men Employed," and bearing a fac-simile of the International Cigar Makers' label. Suit was brought against Poska. Ordered: That the defendant, Poska, forever refrain from ex- hibiting or causing to be exhibited the stamp or label above de- scribed or any fac-simile thereof in any store or public place used as a cigar store or used by or under the control of said defendant. Cohn vs. The People — (149 Ills. Repts., 486.) Held: 1. It is one of the cardinal principles of construction that the intention of the law-maker is to be found and given effect, and when there is otherwise doubt or obscurity in the act, or its meaning is doubtful, resort may be had to the title of the act to enable the court to discover the intent, and remove what might otherwise be uncertain or ambiguous. Digitized by Microsoft® Digest of Decisions. 58 2. Under our constitutional provision, the legislators, in the en- actment of laws, must prepare and adopt the .title, to the end that it shall express the general subject of the act. Such title cannot be resorted to to extend or restrain any positive provision in the body of the act itself. 3. There may be included in an act, means which are reasonably adapted to secure the objects indicated by the title, without render- ing the act void, under the constitutional inhibition. When the general purpose is declared in the title, the means for its accomplish- ment provided by the act will be presumed to be intended as a neces- sary incident. 4. The act entiled "An act to protect associations, unions of workingmen and persons in their labels, trade marks and forms of advertising," is not in violation of Section 13, Article 4, of the Con- stitution, which provides that "no act hereafter passed shall embrace more than one subject, and that shall be expressed in the title." 5. The act to protect associations, unions of workingmen and persons in their labels, trade marks and forms of advertising, is not obnoxious to the Constitution ( Art. 4, Sec. 22 ) , which prohibits the passage of local or .special laws and the granting of special privi- leges, etc. 6. To be a lawful trade mark the emblem must avoid transgress- ing the rules of morality and public policy. A party may, without condemning or aspersing the product of other, manufacturers, com- mend the article he has for sale, or he may lawfully procure the certificate of others as to the quality of the article he places upon the market. 7. A label to be attached to boxes of cigars read as follows : "This certifies that the cigars contained in this box have been made by a first-class workman, a member of the Cigar Makers' International Union of America, an organization opposed to inferior, rat-shop, coolie, prison or filthy tenement-house workmanship. We therefore recommend these cigars to all smokers throughout the world," etc., and signed by the president of the union. Held: That the label was not illegal. 8. In a prosecution for using a counterfeit or imitation of a label, trade mark or form of advertisement of any person, union or asso- ciation, knowing the same to be a counterfeit, the certificate of the Secretary of State, under his hand and seal, issued in conformity with Section 3 of the act of 1891, to protect associations, etc., in their labels, is' sufficient proof of the adoption of such label, trade- mark or form of advertisement and of the right to adopt it. Digitized by Microsoft® 54 Digest of Decisions. Comer ra.. The State — (103 Ga., 69.) Held: 1. For the purpose of construing and ascertaining the meaning of an act passed by the General Assembly, and, after the date of its enactment, incorporated in the present code of this State, it is legitimate and proper to examine and consider the original act and its title ; and whatever result would follow where the terms of a code section vary materially from those of the act from which it was codified, if such a section is in substantially the same words as those used in the act from which it was taken, the language employed in such section should receive the same construction as would be given thereto upon a construction of the act itself. 2. Applying the rule above laid down to the act of December 20, 1893, "f° r the protection of union labels, trade marks and form of advertisement, and providing penalties for counterfeiting the same," that act was designed exclusively for the protection of labels, trade- marks and forms of advertisement adopted by associations or unions of workingmen; and consequently the provisions of Sections 252, 253, and 254 of the Penal Code have no application to any other labels, trade marks or forms of advertisement. Commonwealth vs. Meads- — (17 Pa. Dist. R., 485.) Held: 1. An indictment, charging a violation of the Act of May 21, 1895 (P. L., 95), by displaying and offering for sale counter- feits of the labels adopted by the Cigar Makers' International Union of America, which' avers that the union has filed "a fac-simile" in the office of the Secretary of the Commonwealth, may be amended by an averment that "two copies or fac-similes" have been so filed as required by the act. 2. On a general indictment charging the display and sale, or at- tempted sale, of counterfeit labor union labels, a bill of particulars will be ordered of the times, places and persons to whom the defend- ant offered to sell counterfeit labels. Commonwealth vs. Meads — (29 Pa. Superior Ct., 321.) Indictment for counterfeiting union cigar labels. Held: 1. The Act of May 21, 1895, P. L. 95, as amended by the Acts of May 2, 1901, P. L. 114, and April 3, 1903, P. L. T34, and Digitized by Microsoft® Digest of Decisions. 55 entitled "An Act to provide for the adoption of trade marks, labels, symbols, or private stamps by an incorporated or unincorporated as- sociation or union of workingmen, and to regulate the same," pro- viding that a violation of the act shall be. a misdemeanor, is not de- fective in title and unconstitutional. 2. Where a person places counterfeit cigar labels on cigars, and ships them to a purchaser in another county under an arrangement by which the title to the cigars was not to pass until -they reached the place of consignment, the seller of the cigars may be convicted, in the county where the purchaser resides, of violating the Act of May 21, 1895, P. L. 95. 3. It is not error for a judge in his charge to a jury to express his opinion upon the facts, if done fairly, provided he does not give a binding direction, or interfere with the province of the jury; but in every case which justifies a judge in expressing an opinion the jury should be directly informed that it is his opinion, and that they are not to be bound by it ; and the expression of opinion should always be made with the utmost fairness and absence of partisanship. 4. If the charge gives undue prominence to the testimony of a witness for one of the parties and impeaches the testimony of two witnesses for the other party, the judgment will be reversed. Commonwealth vs. Norton — (23 Pa. C. C. R., 386.) Constitutional Law — Special Legislation — Title of Statute — Act of May 21, 1895, P. L. 95 — Counterfeiting Labels. The Act of May 21, 1895, relating to the trade marks and labels of workingmen's unions is constitutional. The act is not special legislation, nor is it defective in title. Motion to quash indictment. Q. S. Berks Co., June T., 1899, No. 120. Endlich, J., Nov. 20, 1899. — This indictment brought under the act of May 21, 1895, P. L. 95, charges defendant with counterfeit- ing the label of the Cigar Makers' International Union. The mo- tion to quash is based upon the contention that the enactment re- ferred to violates Article III, paragraph 7, of the Constitution of 1874, in that it is a special act, (a) regulating the practice and juris- diction of, and changing the rules of evidence before the courts, (b) regulating labor and trade, and (c) granting special and exclusive privileges. In order to establish it does so in any of these particu- lars, it must first of all be shown that the act is a special one within Digitized by Microsoft® 56 Digest of Decisions. the meaning of the Constitution (Evans v. Phillipi, 117 Pa., 226, 237). It is claimed to be such because its benefits, in terms, apply- only to "associations and unions of working men," and not to all persons, associated and unassociated, natural and artificial. Now, it is to be observed that the right which the Statute creates and then proceeds to protect by criminal sanction is a right which does not exist at common law (McVey vs. Brendle, 144 Pa., 235). Apart from the Statute, therefore, and except in conformity with it, no one possessed it or can demand to be invested with it. It follows, that, in granting it, the legislature may annex a condition to its enjoy- ment and exercise. That condition, in the act of 1895, is that per- sons desiring to have it, shall form themselves into associations or unions, incorporated or unincorporated, and act as such in the adop- tion, etc., of the label contemplated. The grant to groups of persons associated together of powers withheld from individuals is familiar enough. Much of our legislation concerning partnerships, societies, corporations, necessarily involves its validity, and it has never been supposed that such legislation comes within the definition of special legislation. Nor can it be maintained that the formation of the associations or unions is by the act of 1895 unduly restricted to natural persons, to the exclusion of corporations as such (5 Thomp. Corp., par. 5838). But, it is urged, not only are individuals and artificial persons excluded by the act, but the benefits of the latter are offered to associations of a single class of natural persons, viz : Workingmen. Let it be granted that this is class legislation. That circumstance in itself does not make it also special legislation. Says Mr. Justice Mitchell, in Seabold vs. Comrs., 187 Pa., 318, page 323 ; "Legislation for a class distinguished from a general subject is not special but general and classification is a legislative question, sub- ject to judicial revision only so far as to see that it is founded on real distinction in the subjects classified and not on artificial and irrele- vant ones used for the purpose of evading the constitutional pro- hibition. If the distinctions are genuine the courts cannot declare the classification void." The discrimination made by the act of 1895, between natural per- sons, places in one category all those who are or at any time shall be engaged in manual labor. By implication it places in another cate- gory all those who, from time to time, are not so engaged. Legis- lation in Pennsylvania for many years has observed and proceeded upon the same classification, as witness the Statutes exempting and preferring wages, requiring priority of trial and bail absolute in suits for such, and the like. There is, therefore, nothing new in the dis- Digitized by Microsoft® Digest of Decisions. 57 tinction made by the act of 1895. It may, on the contrary, be termed one that has been established by the legislative policy of the State. (See Van Steuben vs. R. R. Co., 178 Pa., 367, 373.) And it is, moreover, with reference to the purposes intended to be served by the enactment in question, a substantial one. The legality and ne- cessity of labor organizations or unions being conceded, as in this State they are (McVey vs. Brendle, supra, page 248, per Williams, J.), the purpose of legislation conferring rights upon such organiza- tions must be understood to be the furtherance of their legitimate objects, the advancement of the moral, material and intellectual wel- fare of their members, by securing fair wages, steady work and the like. These are objects peculiar to workingmen. There would be no propriety in granting powers suitable for their accomplishment to employers of workingmen. Hence the treatment of the latter as a category distinct from the former for purposes of legislation such as that now under discussions based upon a genuine distinction and cannot be designated as special legislation. This conclusion is in accord with the decisions upon similar statutes, with reference to similar constitutional provisions? in Schmalz i>s. Wooley (N. J.) 41 Atl. Rep., 939 (reversng 36 N.J. Eq., 649) ; Perkins vs. Heert, 158 N. Y., 306; State vs. Bishop (Mo.), 31 N. W. Rep., 9, whilst not at all in conflict with such rulings as are found in Bearce vs. Fairview Twp., 9 Pa. C. C. R., 342; Sewickley Sen. Dist. vs. Os- burn Sch. Dist, 19 lb., 257; Com. vs. Rutherford, 22 lb., 425. In these cases, the persons sought to be exclusively benefited by the enactments in question were all of a fixed and ascertained class, in- capable of embracing any not presently belonging to it. Legislation with reference to such a classification may be special legislation. But a law is a general one, although it does not presently embrace all the inhabitants of the State, if all may come under it and will as soon as they occupy the position of those presently embraced by it ; Wheeler vs. Philadelphia, yy Pa., 338; Hawthorne vs. People, 109 111., 302. Such is the act of 1895. It is not, therefore, a special act, and not obnoxious to any provision of Art. Ill, par. 7, of the Con- stitution of this State. It was suggested at the argument of this motion that the act of 1895 also offends against the fourteenth amendment of the Federal Constitution, amounting, in effect, to a deprivation of properly with- out due process of law and to a denial of the equal protection of the laws to all citizens. The former contention is grounded upon what is claimed to be the practical result of the enactment, viz : an inhibition upon the use, 6 Digitized by Microsoft® 58 Digest of Decisions. upon goods not manufactured by union workingmen, of labels de- claring them to be so manufactured with the consequence that the goods will be worth less in the market than if so labeled, and an in- crease of difficulty for non-union workingmen to obtain employ- ment, because their employer might be debarred from using union labels. As regards the interference, and any consequences resulting from an interference, with the use of a spurious or untruthful label, there is certainly no portion of the Federal Constitution which can be successfully invoked against it. Such conduct, as is said in McVey vs. Brendle, supra, at page 249, is countenanced by "no rule or morals or of business." And that applies equally to a manufac- turer using an unauthorized label and to a union permitting the use of its label where any of the workingmen employed in the production of an article are not, as the label states all are members thereof. If, however, if it be true that goods not entitled to the label find a less ready and profitable market, that must be attributed, not to any operation of the Statute, but to the temper of the purchasing public, which is not controlled or controllable by legislation. Its effects would be the same, if the label were unauthorized and unprotected by the Statute. At the most, these objections go to the expediency, not to the validity of the enactment. Concerning the alleged denial of the equal protection of the laws which is predicated upon the authorization, by par. 4 of the act of 1895, °f injunctions to re- strain the use, etc., of counterfeit labels, all that need be said is, that there can be no objection to the enactment upon that ground which may not, with the same reason, be made to any Statute extending the remedial jurisdictions of State courts to subjects which have pre- viously been provided for, or to the protection of rights newly cre- ated. In the nature of things, such jurisdiction can be invoked only by those who are invested with the right claimed to be infringed. But so long as there is no undue discrimination in the grant of the right, or, as among those invested with it, in the application of the remedy, there can be no pretense of a denial of the equal protection of the laws. It may, indeed, be pertinent to observe, in this connec- tion, that, even before the act of 1895. the counterfeiting of union labels was stigmatized as a wrong, though perhaps one for the prevention of of which an injunction would not lie (McVey vs. Brendle, supra, see page 249) . All that paragraph 4 of the act does, therefore, is to furnish a remedy for an acknowledged wrong. Of course, it does not imply that the jurisdiction granted for this pur- pose is to be exercised upon any principles different from those Digitized by Microsoft® Digest of Decisions. £9 governing the courts in the exercise of their equitable powers in other similar cases. What has been said covers the substance of all the positions taken, with marked ability and thoroughness, by defendant's counsel at the argument of this motion. The conclusion is that it cannot be sus- tained and therefore, the motion to quash is overruled. Petition to reinstate motion to quash. Endlich, J., December 5, 1899. — A motion to quash this indict- ment was made on June 16, 1899, and overruled on November 20. It is now asked that said motion be reinstated for the purpose of raising in support of it another objection to the act of May 21, 1895, P. L., 95, viz : That the title gives no notice of an intent to provide a remedy (see paragraph 3) in the criminal courts for counterfeit- ing, etc., the label authorized by and adopted in pursuance to para- graphs 1 and 2. Although not specified in the reasons nor sug- gested at the argument of the application to quash, this matter did not go unconsidered in the disposition of it. When the legislature, in passing the act of 1895, called it "An Act to provide for the adoption of trade marks, labels, symbols or private stamps by any incorporated or unincorporated association or union of workingmen, and to regulate the same," any one looking at the title would naturally suppose that the intention was not to do a vain thing, but to surround the right granted with such safe- guards as would be appropriate to its protection against infringe- ment. The reader would, therefore, at once and necessarily be led to expect, in the body of the Statute, provisions adapted to that pur- pose and put upon inquiry as to their details and character. That is all that can be fairly demanded of the title of any enactment (Allegheny Co. Home's Ap., 77 Pa., jj). That the fact that some of the provisions give a criminal and others a civil remedy not spe- cifically referred to in the title for the enforcement of the single purpose expressed therein does not make the Statute multifarious or derogate from the sufficiency of the title, is settled by Com. vs. Moore, 2 Pa. Super. Ct, 162, 166, and the cases there cited. And to these may be added Com. vs. Sellers, 130 Pa., 32 ; Com. vs. Sil- verman, 130 lb., 641, and other decisions involving the sufficiency of the title of the high license act of May 13, 1887, P. L., 108 ("An Act to restrain and regulate the sale of vinous, spirituous, malt, or brewed liquors, or any admixture thereof"), to warrant the various -penal provisions made in the body of the Statute, the decision in Com. vs. Muir, 1 Pa. Super. Ct.. 578, holding the title of the act of July 2, 1895, P. L., 428 ("An Act to regulate and license public Digitized by Microsoft® 60 Digest of Decisions. lodging houses in the different cities in this Commonwealth"), sufi> cient to embrace the provisions in the Statute of a penalty for its violation and Com. vs. Jones, 4 Pa., Super Ct, 362, similarly, de- claring as to the title of act of May 15, 1893, P. L., 52 ("An Act relating to bituminous coal mines and providing for the lives, health, safety and welfare of persons employed therein"), and distinguish- ing such cases as Hatfield vs. Com., 120 Pa., 395 and Com. vs. Frantz, 135, 389. Of course this application cannot be understood to object to the title or the constitutionality of the act of 1895 on account of the provisions of paragraph 4, thereof. The jurisdiction there referred to is not involved in this proceeding; and if it be true that the grant of it exceeds the scope of the title, the effect would simply be to invalidate that particular section (Dewhurst vs. Allegheny, 95 Pa., 437)- It follows that a reinstatement of the motion to quash would serve no good purpose, and therefore the application is refused and the petition is dismissed. Commonwealth vs. Norton — (16 Pa. Super Ct, 423.) Indictment for counterfeiting a label of the Cigar Makers' Inter- national Union of America, registered under the Act of May 2i r 1895. Held: 1. On the trial of an indictment for counterfeiting a reg- istered label of the Cigar Makers' Union under the act of May 21, 1895, it is not necessary for the Commonwealth to prove the regis- tration as a record. The original certificate issued by the Secretary of the Commonwealth is made by the act itself prima facie evidence of the adoption of the label, and the right to adopt it. The certificate, is evidence of the fact of registration. 2. On the trial of an indictment for counterfeiting a label of a Cigar Makers' Union registered under the act of May 21, 1895, where it appears that on the label were the words, "all infringements upon this label will be punished according to law," the defendant must be charged with the knowledge that he was, in counterfeiting the label, doing an act morally wrong, and it is immaterial that he had no actual notice of the fact that the label had been registered. 3. A counterfeiter of a label registered under the act of May 21, 1895, cannot allege when indicted for the offense, that the label- counterfeited contained objectionable matter which did not entitle it to registration. Digitized by Microsoft® Digest of Decisions. 61 4. The provisions of the act of May 21, 1895, making it a misde- meanor to counterfeit labels of workingmen's unions, is a proper exercise of the police power, and the courts will not hold a Statute declaring such an act a public wrong and an indictable offense, as unconstitutional and void, because the act does not include every trade mark or label which individuals or associations may adopt. 5. An indictment for counterfeiting a label of a workingmen's union is sufficient, which charges the offense substantially in the lan- guage of the act of May 21, 1895, describes the instrument which was counterfeited by the name and designation by which it was known, and sets forth the fact of its registry with the Secretary of the Commonwealth. Commonwealth vs. Rozen — (176 Mass., 129.) Complaint, for using counterfeit trade marks on cigars. The jury returned a verdict of guilty ; and the defendants alleged exceptions, which appear in the opinion. Held: 1. It is sufficient if the certificate required to be filed under St. 1893, c - 443> relative to trade marks gives the name of a partner- ship; and the declaration required by the Statute may be verified by the oath of one of the partners. 2. At the trial of a complaint for using counterfeit trade marks it appeared that two of the certificates; required by St. 1893, c - 443 > to set forth the length of time, if any, during which the trade mark had been in use, read "since about 1888," and a third "since the year 1888," and that the two former had in fact been in use two or three years and the latter some nine years or more. Held, that the difference was to the disadvantage of the applicants, if anybody; and that it was no ground for invalidating the registration. 3. If at the trial of a complaint for using counterfeit trade marks there is no evidence as to where the defendants intended to sell the goods or where the firms having the trade marks sold theirs, beyond the fact that all parties concerned had their places of business in Boston, it is a sufficient answer to the objection that enough does not appear to make the act constitutionally applicable to the defendants, and that a verdict should have been directed for them* as requested, that if it would be a defense to show that goods to which counterfeit trade marks had been attached in this State were intended solely for sale in other States, the defendants were called upon to give some evidence of the intent. The government made out at least a prima facie case by establishing the facts admitted. Digitized by Microsoft® '62 Digest of Decisions. Coyle vs. Haight — (Com. Pleas Ct. Starck Co., Ohio, 1890.) Action to enjoin the use of counterfeits and imitations of the label of the Cigar Makers. Taylor, Judge presiding, held: That the right of a member of a labor union to prevent by injunc- tion the use of a counterfeit or imitation of a label adopted by the union was settled by the Ohio Statute providing for such a remedy. Hetterman vs. Powers — (102 Ky., 133.) The appellants were manufacturers and dealers in cigars in Louis- ville, Ky., and without right or claim of right used on boxes of cigars manufactured and sold by them the blue label of the Cigar Makers' International Union of America. The appellants, for defense, do not deny the use of the label as charged in the petition, but it is insisted by them that this label does not possess any of the elements of a trade mark; that the appellees are engaged in no trade, having nothing to sell, and, therefore, noth- ing to protect by a trade mark ; that none of them are engaged in the business of selling cigars; they are "simply workmen employed by other people making cigars, first by one person and then another, and those persons sell the cigars ;" that the plaintiffs, therefore, "have not shown any property right in the label as a trade mark or otherwise." Moreover, that the membership is an ever changing one, constantly varying in numbers, composed of a few thousand to-day and many thousand to-morrow — " a shifting crowd." That the plaintiffs, therefore, are not qualified to sue and have in fact no legal rights that can be made the subject of a suit. Moreover, it is urged that the plaintiffs do no come into court with clean hands ; that they are members of an organization lately engaged in boycotting the defendants and attempting to ruin their business ; that the label itself can not be approved, either in law or morals, as it denounces other cigars than union-made ones as inferior and unwholesome, and the product of filthy tenement houses or made by coolies and convicts. Held: 1. A laborers' union composed of members who are en- gaged in a skillful employment may so designate the result of their labor by labels as to entitle them to the fruits of their skill, when it is a source of pecuniary profit to them, although they may not own the property labeled and are not in business for themselves in the ordinary sense ; and they will be protected by the courts in the exclu- sive use of the same. Digitized by Microsoft® Digest of Decisions. 63 2. The label is not objectionable, because on it there is a certi- ficate that the cigars were made by first-class workmen belonging to "an organization opposed to inferior, rat-shop, coolie, prison or filthy tenement-house workmanship ;" that certificate is not in conflict with the rule that a lawful trade mark must avoid transgressing the rules of morality and public policy. Higgins vs. Dakin — (33 N. Y. S., 890.) Held: 1. In an action to recover the penalty for wrongfully using a union label (Laws, 1893, c. 219), one M. testified that he bought from defendant cigars which purported to have the label attached; that he had a conversation with defendant about union- made cigars; that the cigars were delivered by H., for whom witness supposed defendant was acting as agent ; and that, to the best of wit- ness' recollection, he asked defendant if the goods were union-made, to which defendant replied that they were, but that he could not say that defendant exhibited a label to him. Held, that the evidence was not sufficient to sustain a judgment for plaintiff. 2. Evidence as to what the witness "understood and believed" from a conversation is not admissible. Job Printers' Union vs. Kinsley — (107 Ills. App., 654.) This is a bill seeking to restrain appellant by injunction from using a trade mark or label, which is alleged "so nearly imitates and resembles the label of the International Typographical Union as to deceive and defraud those who are intending to and desirous of ob- taining the products of the members" of said union. Held: 1. The Statute forbids the use of any imitation of any label or trade-mark adopted by any association or union of work- ingmen. 2. In cases of infringed trade marks equity gives relief upon the ground that one man is not allowed to offer his goods for sale, rep- resenting them to be the manufacture of another trader in the same commodity. 3. What degree of resemblance is necessary to constitute an in- fringement is incapable of exact definition as applicable to all cases. All that courts of justice can do, in that regard, is to say that no Digitized by Microsoft® 64 Digest of Decisions. trader can adopt a trade mark so resembling that of another trader, as that ordinary purchasers, buying with ordinary caution, are likely to be misled. 4. It is not necessary to show that the defendant acted with a fraudulent intention, nor that any one has been actually deceived. It is enough if the defendant has so simulated the complainant's trade mark that its use is calculated to deceive and there is a probability that patrons will be so deceived. Lawlor vs. Merritt — (78 Conn., 630.) Action to restrain the defendants from using a certain label in hats manufactured and sold by them, which was an alleged counterfeit or imitation of the label of the United Hatters of North America, in whose behalf the plaintiff sued. Held: 1. A trade mark or label adopted and registered by a union of workingmen, which does not announce that the goods to which it is attached were manufactured by such union or its mem- bers, as required by General Statutes, 4907, is not entitled to' the protection, afforded by subsequent provisions, to those labels or trade marks which do comply with such requirement. 2. The label in question was owned and registered by an associa- tion of workmen known as the United Hatters of North America, which was not a manufacturer of hats, but furnished the label gra- tuitously for use in hats made in whole or in part by some of its members under a contract of employment between them individually and certain manufacturers who employed "union" labor exclusively. Held, that even if the label could be construed as announcing that the hats were manufactured by the association, it certainly could not be construed as announcing that they were manufactured by members of it for a third party. 3. The Statute (4907-4912) was designed to create both a new right and a new cause of action. 4. One is not entitled either at common law or by the general principles of equity — at least in the absence of actual fraud — to pro- tection in the exclusive use of a label for goods, unless it is used to distinguish some visible commodity owned or traded in by him. 5. When the objects for which an association of workmen is formed are stated, the court will take judicial notice whether they are such as naturally pertain to a "union" of workingmen. Digitized by Microsoft® Digest of Decisions. 65 Lawlor vs. Merritt — (65 Atlantic Page 295, Conn.) 1. In an action under Gen. St., 1902, 4907-491 1, providing for the protection of labels of trades unions, to restrain defendants from using a certain label alleged to be an imitation of the label of the United Hatters of North America, the complaint having been de- clared on appeal insufficient because said label does not announce that goods to which it is attached were manufactured by a member of the United Hatters of North America, a proposed amendment alleged that the label in question is one announcing that goods to which it is attached were manufactured by a member of such asso- ciation, and that such announcement is expressed by the words "United Hatters of North America" in connection with the words "union made" and a pictorial representation of two hands clasped and that the label when attached to hats announces that they are made by union men who are members of such association of hat- ters. Held: That if the amendment is regarded as stating the legal effect of the words and characters of the label, or as alleging that the label announced that the goods to which it is attached were man- ufactured by union men_who are members of such association, .it should be disallowed as in conflict with the former decision. 2. Gen. St., 1902, 4907, providing for the protection of trades union labels, is not intended for protection of trade marks, and the registration in Section 4909, providing that such label may be re- corded in the office of the Secretary of State and that the certificate , of record shall be sufficient proof of its adoption, is not necessary to prevent counterfeiting, but to enable the person or association adopting it to procure evidence of its adoption. 3. Gen. St., 1902, 4907, provides that when any person, asso- ciation, or union of workingmen has adopted for protection a label "announcing that goods to which such label" is attached were man- ufactured by such person or a member or members of such associa- tion or union it shall be unlawful for any one to counterfeit or imi- tate such label. Held: That, where the association adopting the label does not manufacture the goods to which it is attached, the label must announce in explicit language on its face that such goods are manufactured by members of such association, and that the label of the United Hatters does not make such announcement, and the defect cannot be remedied by proof that it was intended to be so used. Digitized by Microsoft® 66 Digest of Decisions. Lynch et al" vs. Single Paper Co. — (101 New York Supp., 824. > It appears from the complaint that the International Typographi- cal Union is an association of employes, having affiliated with it and subject to its jurisdiction various printing trades councils. One of these, the Allied Printing Trades Council, is a subordinate body of, and affiliated with, and subject to the general control and direc- tion of the International Typographical Union. In 1896 the In- ternational Typographical Union adopted and registered a certain label "for the purpose of designating the products of the labor of the members of the various bodies affiliated with it and under its jurisdiction and control ;" and for that purpose it has "furnished and transmitted the same to the local unions and subordinate bodies of said International Typographical Union." Held: 1. A union of employes, having affiliated with and sub- ject to its jurisdiction various councils, adopted and registered a label to designate the product of the labor of the members thereof,, and transmitted the same to a subordinate council. Held, that, when the union adopted the label, it adopted it for the members of its various subordinate councils, within Labor Law, Laws, 1897, p. 466, c. 415, Par. 15, providing that a union of employes may adopt a label designating the products of the labor of the members thereof. 2. Labor Law, Laws, 1897, p. 466, c. 415, Par. 15, providing that a union of employes may adopt a label to designate the product of the labor of the members thereof, and the certificates issued by .the Secretary of State shall not be assignable, confers on a union a property right in a label adopted and registered by it, which right it cannot assign, but which right it may confer on its members com- posing a subordinate branch. 3. Labor Law, Laws, 1897, p. 466, c. 415, Par. 16, as amended, makes it a misdemeanor to illegally use a label adopted by a labor union, and provides that a union may enjoin a wrongful use of its label and recover the damages resulting. A labor union adopted and registered a label to designate the product of the labor of its mem- bers. The union had affiliated with it and subordinate to it various councils. The label adopted by the union was furnished to a council. Held, that the union and the subordinate council properly united in an action for a wrongful use of the label. Judges Nash and Williams, dissenting: The plaintiffs do not by the allegations of the complaint bring their case within the provisions of the Statute. It provides that a union or association of employes may adopt a device in the form of Digitized by Microsoft® Digest of Decisions. 67 a label, for the purpose of designating the products of the labor of the members thereof — that is, of its own members. The allegation of the complaint is that the International Typographical Union adopted a device in the form of a label, not, as provided by the Statute, for the purpose of designating the products of the labors of the members thereof, but "for the purpose of designating the products of the labor of the various bodies affiliated with it and under its general jurisdiction and control." The- interlocutory judgment and order should be reversed, and the demurrer to the complaint sustained. Maher vs. Iowa Fruit, Etc. Co., Dist. Court, Polk Co., Iowa, 1891. Petition by Maher and others, members of Cigar Makers' Inter- national Union of America, for injunction to restrain the further use by defendants of imitations or counterfeits of the Union Label and the sale of cigars bearing such imitations or counterfeits. Holmes, Judge, held: 1. There is nothing illegal or contrary to public policy in the pro- visions of the Constitution of the Union relating to strikes, lock- outs and the like, nor are such provisions in restraint of trade. 2. Courts have protected trade marks and labels heretofore at the instance of capital only, not because capital was entitled to more consideration than labor, but because only capital asked for such remedy. 3. The evidence shows, and the frequency of the attempts to make use of imitations thereof, leaves little room for doubt that the union label increases the selling price of the article to which it is attached and so enables the employers to, and they do in fact, pay better wages to members of the union than is paid to other laborers in the same line. 4. Thus the label serves the same purpose as a trade mark and this court is unable to see why the members of the union have not as much right to have the advantage thereby secured them protected, as the proprietor of the shop would have as to a 'label adopted by him. Ordered, that injunction issue. Digitized by Microsoft® 68 Digest of Decisions. McVey vs. Brendel — (144 Pa. St., 235.) (a) The. Cigar Makers' International Union of America, an un- incorporated association formed "for promoting the mental, moral and physical welfare of its members," devised and adopted a label, to be pasted on boxes of cigars manufactured by members of the union. The association itself was neither a manufacturer of, nor a dealer in cigars. (b) The label certified, over the signature of the president, that the cigars in the box to which it was affixed were made by a first- class workman who was a member of the union, which was "opposed to inferior, rat-shop, coolie, prison or filthy tenement-house work- manship;" and therefore recommended the cigars to smokers throughout the world : 1. Not being a trader in any sense, the Cigar Makers' Interna- tional Union could have no distinctive trade mark, entitled to pro- tection under the Act of Congress of July 8, 1870; and the registra- tion of said label in the Patent Office, in the manner prescribed for the registration of trade marks, is unauthorized by the act, and would confer no right to have imitations thereof enjoined. 2. Nor, apart from the law of trade marks, will equity give relief by enjoining the making and use of counterfeit copies of such a label ; the purpose of which is to do harm to non-union men by cover- ing them with opprobrium and preventing the sale of their work, the right of the association to use it being at least doubtful, whether the question be treated as one of morals or of law. 3. It seems: As such injunction must issue aJ the suit of the owner of the device infringed, and the ownership of the label was admittedly in the Cigar Makers' International Unii m, the officers of a local tributary association, subordinate to and a parcel of the Cigar Makers' International Union, had no standing to maintain a bill to enjoin the imitation of the label: Per Mr. Justice Williams. Meyer vs. Haak, Scott Co. Dist. Court, Iowa, 1888. Application for injunction to restrain use of counterfeit of union label. Brennan, Judge presiding, held: 1. The later and the far more wholesome doctrine seems to be that fraud upon the public by the use of a counterfeit trade mark gives a claim for injunction. Digitized by Microsoft® Digest of Decisions. 69 2. That a label adopted by a trade's union to distinguish the, product of the labor of its members serves the same purpose as a trade mark, and whether technically a trade mark or not, it is entitled to'the protection of a court of equity. 3. The label is the property of the union and it has the right to say to whom and under what circumstances, and for what purpose it shall be delivered and used. 4. Unwarrantable interference by the union with the defendant's business causing him serious embarrassment and substantial injury is no sort of excuse for defendant's use of a counterfeit label. Injunction granted. Moe vs. Alber, Court of Common Pleas, Lucas County, Ohio, 1888. • Held: 1. That one or more members had a right to maintain an action for injunction on behalf of all the members of the Cigar Makers' International Union of America. 2. That the right to the exclusive use of a label adopted and used by a trades union was such a right as would be protected by injunc- tion. Injunction made perpetual. Myrup vs. Friedman — (58 Misc. N. Y., 323.) The Bakery and Confectionery Workers' International Union of America is a labor organization in existence since 1890. It adopted in December, 1903, the label shown by the exhibit used on this mo- tion. The law was fully complied with and the organization became entitled to the privileges and protection of its provisions. Held: 1. The use of a colorable imitation of the label or device of a labor organization, though associated with distinguishing words or names, contravenes the rights secured to the organization by the Labor Law ; and a baker who uses a label which at a casual glance is like that of the union should be restrained at the suit of the union from its further use. 2. By the Labor Law the use of a colorable imitation of the de- vice adopted is prohibited, even though by the use of other words or names the public would not be deceived in believing that the pro- ducts were union made. That is, the labor organization is entitled to the exclusive use of the label or device on all products of that na- Digitized by Microsoft® 70 Digest of Decisions. ture which its members make, and others cannot use colorable imi- tations, even though associated with distinguishing words or names. 3. If we closely compare the figures and parts of these two labels, it would be absurd to say that they are alike and cannot be distin- guished, or even resemble each other, but, when taken as a whole at the distance a purchaser would usually be from displayed goods, the devices by reason of position, shape, size and general appearance are so alike that one may fairly be said to be a colorable imitation of the other. 4. There is no reason to believe that defendant sought to imitate the union label and there is no proof of any attempt to deceive trade on her part, but that does not affect the question. Her label or de- vice, confining my statement to the symbol, is like 'the plaintiff's in appearance, at a casual glance, and I think she should change it. Affirmed (no opinion) 112 N. Y. Supp., 1138. People vs. Fisher — (50 Hun. N. Y., 552.) A label was designed by the "Cigar Makers' International Union of America," in 1880, pursuant to a provision of the constitution of the union, which was attached to all goods manufactured in the va- rious establishments in which members of the union were employed. The purpose of the label was to furnish a trade mark to indicate that the cigars contained in boxes to which it was affixed were made solely by the members of the association and to distinguish them from all other cigars in the market. The union was a voluntary association of individuals, said to number 25,000; it was not en- gaged in the business of manufacturing cigars, and as an associa- tion had no property in that business. Held: I. That the members of the organization might lawfully devise, as they had done, a trade mark label to designate the pro- ducts of their labor, and that such trade mark was entitled to pro- tection in its relation to such products. 2. That the fact that their work was not performed under a single employment, but under many different employers in as many widely separated shops, went rather to the value of the trade mark, in its application to the cigars made by them, than to the fight to its protection. 3. That a person counterfeiting and imitating such trade mark, and affixing the same to an article of merchandise, not the product of the labor of members of the union, was properly convicted of the offense of counterfeiting and imitating a trade mark. Digitized by Microsoft® Digest of Decisions. 71 Perkins vs. Heert — -(5 App. Div. N. Y., 335.) Held: 1. Chapter 385 of the Laws of 1889, providing that every union or association of workingmen or women who adopt a label, intended to designate their product, may obtain by filing dupli- cate copies of the label with the Secretary of State the right to enjoin by action the manufacture, use, display or sale of counter- feits or colorable imitations of the label, is constitutional. 2. The Statute does not interfere with individual rights nor does it give to a private corporation an exclusive privilege. 3. Its title, "An Act for the better protection of skilled labor and for the registration of labels, marks, names, brands or devices cov- ering the products of such labor of associations or unions of work- ingmen or women," does not embrace more than one subject. 4. Where a label filed in the office of the Secretary of State, under chapter 385 of the Laws of 1889, is precisely like a label previously filed by the same association, in color, form, size, general appear- ance, display of conspicuous words and in every substantial matter recited in it, the only difference betwen them consisting in the dis- use of a few unnecessary words for which other words had been substituted, the filing of such new label does not constitute an aban- donment, but merely an amendment of the original label, and the association filing it may maintain an action to enjoin the use of its original label by any other association. 5. The words, "inferior, rat shop, coolie, prison or filthy tenement house workmanship" on the original label are not libelous, as they do not state that the products of any other person or association are made by objectionable labor, but merely proclaim that the goods made by the members of the Cigar Makers' International Union of America are not produced by such labor. Perkins i's. Heert — (158 N. Y., 306.) Held: 1. The act (L. 1889, ch. 385) "for the better protection of skilled labor, and for the registration of labels, marks, names, brands or devices covering the products of such labor of associations or unions of workingmen or women," is a general law and not a pri- vate or local bill, and hence does not contravene the provision of the Constitution (Art. 3, par. 18) prohibiting the passage of a private ■or local bill granting any exclusive privilege or franchise. 2. The act does not violate the requirement of the Constitution Digitized by Microsoft® 72 Digest of Decisions. (Art. 3, par. 16) that no private or local bill shall embrace more than one subject, which shall be expressed in the title. 3. The act is not open to the charge of unconstitutionality on the ground that it is contrary, to public policy, in that it unjustly dis- criminates in favor of the labor of members of associations or unions as against that of non-union workmen. 4. The granting of an exclusive privilege or franchise to a private association is authorized by the Constitution, if effected under a general law. 5. Where the Constitution grants or authorizes a grant through legislative action of an exclusive privilege, it must be deemed to be in accord with the policy of the State. Renkert vs. Bamberger — Hamilton Co. Common Pleas Court (Ohio), 1887. Bill for injunction to restrain the use of a counterfeit of a label adopted by the Cigar Makers' International Union of America. Held: 1. That the plaintiffs may maintain a bill for injunction if they have a common property right in the label with others. 2. That even if there were no property right in the bare label, yet when attached to an article of merchandise there may be separate in- terests which the court may protect. 3. The general public have such an interest in suppressing such a fraud as appears in this case, that the court might almost do it on a mere information. Demurrer overruled. Schmalz vs. Wooley — (57 N. J. Eq., 303.) The bill in this case was filed in February, 1897, by the president of the Union Hat Makers' Association of Newark, for the use and benefit of all the members thereof, to enjoin the defendants from using a counterfeit trade mark and label made in imitation of a trade mark and label which had been adopted and filed by the said association in accordance with the provisions of the several acts of the legislature. The defendants demurred to the bill, and, the de- murrer having been sustained, the complainant appeals. Held: 1. The "Act to provide for the adoption of labels, trade marks and forms of advertising by associations or unions of work- ingmen, and to regulate the same," passed in the year 1889, and the Digitized by Microsoft® Digest of Decisions. 73 acts on the same subject passed in 1892 and 1895 (Gen. Stat, p. 3678 et seq.), do not violate the constitutional interdict against the passage of special laws granting exclusive privileges. 2. The title of an act passed March 21, 1892, is "A further supplement to an act entitled 'An Act to protect trade marks and labels.' ' Held: That the title constitutionally expressed the object of the law, the protection of trade marks and labels, although in fact there was no prior act entitled "An Act to protect trade marks and labels." 3. According to general principles, a workman, or a number of workmen engaged in the same branch of industry and banded to- gether for their mutual profit in the pursuit of their common voca- tion, may acquire a right of property in a trade mark designed to distinguish their workmanship from that of other persons, and a trade mark so owned is entitled to the same protection as other trade marks. Schneider vs. Williams — (44 N. J. Eq., 391.) Bill to enjoin the use of the label of the Cigar Makers' Interna- tional Union, and imitations thereof. Held: 1. The jurisdiction of a court of equity to give relief against the violation of a trade mark, rests, not upon the ground that the defendant is committing a fraud on the public, but entirely on the ground that the defendant is violating a property right of the' complainant. 2. Three things are requisite to the acquisition of a title to a trade mark : First, the person desiring to acquire title must adopt some mark not in use to distinguish goods, of the same class or kind, already on the market, belonging to another trader ; second, he must apply his mark to some article of traffic ; arid, third, he must put his article, marked with his mark, on the market. 3. Mere adoption of a mark, and a public declaration that the mark, so adopted, will be used to distinguish goods, to be put on the market at a future time, create no right. No title arises until the thing is actually on the market, marked with the particular mark. State vs. Berlinsheimer — (62 Mo. App., 168.) The information in this case charges the defendant with unlaw- fully and knowingly selling cigars in boxes, bearing a counterfeit or 7 Digitized by Microsoft® 74 Digest of Decisions. imitation of the label or trade mark of the Cigar Makers' interna- tional Union of America, an association of workingmen. Held: i. The statute for the registry and protection of trade marks applies only to technical trade marks, and not to designs or advertisements which lack the essential features of a trade mark proper, but are protected by courts of equity from fraudulent imita- tion in order to prevent unfair competition in business. 2. Accordingly, this statute has no application to the label of a labor union or organization, which is not attached to goods made or dealt in by the organization itself, but is intended to signify only that the labor of members of the organization has entered into the man- ufacture of goods to which it is attached ; and, therefore, a conviction can not be had under the statute for the intentional and fraudulent use of a counterfeit of such label in the sale of goods. 3. To warrant a conviction under this statute for the sale of goods under a counterfeit label, it must appear that the goods sold were not entitled to bear the genuine label ; and this is not established by proof that the defendant knew that the label attached was a counterfeit or imitation. State vs. Bishop — (128 Mo., 373.) Defendant was convicted and fined $100 in the St. Louis court of criminal correction under an information filed against him in said court by the assistant prosecuting attorney, charging him with hav- ing sold a box of cigars to one David Kreyling, on June 26, 1894, upon which there was a counterfeit label of the Cigar Makers' In- ternational Union of America, contrary to, and in violation of, an act of the General Assembly of the State of Missouri, Laws of 1893, page 260. Held: x. The act of the Legislature of 1893 making it misde- meanor to use a label adopted by a union of workingmen, prohibits the unauthorized use of a label adopted by a union of cigar makers and furnished to cigar manufacturers employing only members of the union in making of the cigars, to indicate that the cigars were made by members of the union. 2. The foregoing act of 1893 ' s not unconstitutional on the ground that it is class legislation (Const, Art. 4, Sec. 53). 3. A Statute relating to persons or things as a class is a general law. 4. It is not necessary for an indictment under said act of 1893 Digitized by Microsoft® Digest of Decisions. 75 (Laws, p. 260), to charge an exclusive right in the union to the use of the label. 5. Guilty knowledge on the part of the defendant that the label is counterfeited must be shown to authorize a conviction under the act of 1893, supra. State vs. Hagen — 6 Ind. App., 167.) Held: 1. A label used by the Cigar Makers' International Union of America contained, among other things, the following: "This certifies that the cigars contained in this box have been made by a first-class workman, a member of the Cigar Makers' International Union of America, an organization opposed to inferior, rat-shop, coolie, prison, or filthy tenement-house workmanship." The con- struction to be put upon this language is not that it is an attack upon the products of all other laborers, and that it characterizes their pro- ducts as unfit for use, but that the language, in its purpose and effect, is defensive and not offensive. 2. The members of such union have an interest in their label, which, in equity, the law will protect against frauds and counterfeit- ers, whether such label be a legal or technical trade mark or not. 3. An indictment was found against one for infringing upon and simulating the label of the Cigar Makers' International Union of America, which was as follows : "Sept., 1880. Issued by authority of the Cigar Makers' International Union of America. Union Made Cigars. This certifies that the cigars contained in this box have been made by a first-class workman, a member of the Cigar Makers' International Union of America, an organization opposed to in- ferior, rat-shop, coolie, prison, or filthy tenement-house workman- ship. * * .* All infringements upon this label will be punished according to law. A. Strasser, President, C. M. I. U. of America." The label was registered under the act of March 6, 1891, Acts 1891, page 317. Held: That before a criminal action can be maintained under this Statute, it must appear in the indictment that the label was such an one as was entitled to registration, the admission to registration upon a mere ex parte showing not being conclusive. Held: Also, that the label does not come within the provisions of the above Statute so as to subject infringers thereon to the penalty prescribed in the above Statute, for the reason that the right to the "exclusive" use of the label is not confined to Indiana members of the union, but extends, as well, to members outside of this State. 4. Criminal StatutSl'grfi'asfif bp Afirin%>#Sristrued. 76 Digest of Decisions. State vs. Niesman — (101 Mo. App., 507.) Held: 1. Revised Statutes, 1889, Section 2535, provides that a judgment on an indictment shall not be in any manner affected for any defect which does not tend to prejudice the substantial rights of the defendant on the merits. Held, on a prosecution for selling cigars from boxes bearing a counterfeit union label, that the pasting of a genuine union label itself in the information, instead of setting it forth in the writing according to its tenor, if a defect, was cured after judgment. 2. A copy of a label to be used on boxes containing union-made cigars, which was presented to the Secretary of State for record, con- tained a space at the end of the label, "for autograph signature of president;" and, on a prosecution for selling cigars from boxes bearing a counterfeit union label, the information contained a gen- uine label, the same as the one filed, save that it bore an autograph signature. Held, that there was no variance, the signature of the president not being a part of the device itself. State vs. St. Clair — (137 Mo. App., 188.) This defendant was convicted under Section 10367 of the Revised Statutes of 1889, on an information charging him with having in his possession and using a certain trade mark, label, or device of the International Typographical Union of North America, designed for and intended to be used by the Allied Printing Trades Council of Missouri, and the Modern View Printing Company; that defendant had this label or device in his possession with the intention to de- fraud said Typographical Union, the Allied Trades Council of Mis- souri, the Modern View Printing Company, and divers other per- sons, and defendant fraudulently and wrongfully used said device or trade mark by selling and delivering to one Howard E. Lindsay, three thousand advertising cards stamped with said device. Held: 1. Where the record is silent as to the qualifying of a special judge who sat in a case, and no point was made on it below, it will be presumed that he was duly qualified. 2. Where the union label, used by- the Typographical Union of North America and the Allied Printing Trades Council of Missouri, was used as a device or trade mark for selling and delivering cards by one who had never obtained the right to use it, such one was. liable to prosecution and punishment as provided by Section 10367, Revised Statutes, 1899. Digitized by Microsoft® Digest of Decisions. 7? Strasser vs. Moonelis — (108 N. Y., 611.) This action was brought to restrain the defendant from attach- ing to or using certain labels, or imitations thereof, upon boxes con- taining cigars manufactured and sold by him. Held: The granting, continuing or dissolving of a temporary in- junction is within the discretion of the court of original jurisdiction, and its determination is not reviewable in this court, except when it clearly appears from the complaint that the plaintiff could not, in any point of view, be entitled to the final relief of injunction as demanded therein. Todd vs. Brener — High Court of Justice (Toronto, Ontario). Motion for an order and injunction restraining the defendants from using or selling any counterfeit or colorable imitation of the trade label, mark or symbol registered April 12, 1881, in accord- ance with the Trade Mark and Design Act, 1879, the property of the plaintiffs. The action was brought by Todd and Pamphilon, members of the Cigar Makers' International Union of America. Robertson, Judge presiding, held: Section 3 of the Trade Mark and Design Act enacts that "All marks, names, brands, labels, which are adopted for use by any per- son in his trade, business, occupation or calling for the purpose of distinguishing any manufactured product or article of any descrip- tion manufactured, produced, compounded, packed or offered for sale by him . . . shall for the purposes of this act be considered and known as trade marks and may be registered for the exclusive use of the person registering the same in the manner herein pro- vided; and thereafter such person shall have the exclusive right to use the same to designate articles manufactured or sold by him." In this act unless the contract (context) otherwise requires the expression "person" includes any person . . . and also any com- pany, association, or society of persons whether the members there- of are subjects of Her Majesty or not or whether such association or society is established within Her Majesty's Dominion or else- where. As I understand the word "maker" means "manufacturer" and the word "manufacturer" means "maker" or one who works raw material into wares suitable for use or one who employs workmen for manufacturing. In my judgment then these "cigar makers" are Digitized by Microsoft® 78 Digest of Decisions. "cigar manufacturers," it is they who work the raw material of tobacco into cigars. The statute applies to "any person in his trade, business, occupa- tion or calling," (the occupation or calling) of the members of this association is that of "cigar makers" or "cigar manufacturers" and it is not necessary that these "makers" should carry on the business of "selling" as well as "making" cigars. The Statute is in the disjunctive and it applies to articles either "manufactured" or sold by the owner of the trade mark. The act under which this trade mark was registered applies to "associations" as well as to persons, firms and bodies corporate. The plaintiffs are permitted under our consolidated Rules 315 to sue on behalf of themselves or (and) for the benefit of all parties so interested. The members of the association have a property right in this label or trade mark and are entitled to apply to the court to interfere by injunction. Injunction granted. Tracy vs. Banker — (170 Mass., 266.) Bill in Equity, filed April 29, 1897, in the Superior Court, by the plaintiff as Vice-President of the Cigar Makers' International Union of America, to restrain the defendant from using a label on boxes of cigars manufactured by him. Held: 1. The St., 1895, c. 462, relating to the protection of "manufacturers from the use of counterfeit labels and stamps," pro- tects an unincorporated trade union in the use of labels for trade union purposes. 2. If the constitution of an unincorporated trade union as a whole is not illegal, the association is not deprived of the protection of the law for what otherwise would be its rights, if in some incident or particular the purposes which it expresses are unlawful. 3. If an unincorporated association had a label registered under St., 1893, c - 443> tne ^ act tnat a P er son began to use a similar label before St., 1895, c. 462, was passed, after having been permitted on his application to use the label for a time, does not deprive the association of its rights under the latter Statute. 4. The fact that the officers of an association entitled to the benefit of St., 1895, c. 462, relating to protection from the use of counter- feit labels and stamps, knew of the defendant's acts for more than Digitized by Microsoft® Digest of Decisions. 79 two years before bringing a bill in equity to restrain him from fraud- ulently using the association's label, but supposed that they could have no remedy in equity against him, does not show such laches as will defeat the suit. 5. An association entitled to the benefit of St., 1895, c. 462, relat- ing to protection "from the use. of counterfeit labels and stamps," is entitled to be protected against the use of real labels in a fraudulent way, as well as against the use of counterfeits. Vincendau vs. The People — (219 Ills. Repts., 474.) Held: i. Section 2 of the Trade Mark Act, as amended in 1895 (Laws of 1895, p. 320), covers goods, wares and merchandise of every description, no matter how packed or in what contained, to which or upon which any counterfeit label or trade mark is in any manner attached, including bottled goods as well as others. 2. A prosecution for violation of the Trade Mark Act of 1895 cannot be maintained except for acts done after copies of the label, trade mark or other device, with the accompanying affidavit, have been filed with the Secretary of State for record, as required by Sec- tion 1 3 of such act. 3. An indictment for violating the Trade Mark Act of 1895, which alleges that the labels in question had before then "been duly filed for record in the office of the Secretary of State of the State of Illinois, as by law provided," is not defective in failing to specifically aver that the affidavit required by Section 3 of such act to accom- pany the labels was filed. 4. Whether the person to whom the accused sold goods in bot- tles bearing counterfeit labels, purchased the goods for himself or as agent is not material, and there is no variance between an allega- tion that he purchased for himself and proof that he purchased as an agent. 5. One indicted for selling cases of counterfeit champagne which he claims he took from another person in satisfaction of a debt, be- lieving the labels and liquor to be genuine, is entitled to show by the expressman who delivered the cases that said expressman had at an earlier date brought such cases to the accused from the place of business of the person from whom the accused claims to have re- ceived them. Digitized by Microsoft® 80 Digest of Decisions. Vogt vs. The People — (59 Ills. App., 684.) This is a prosecution under the act of 1891, "To protect associa- tions, unions of workingmen," etc., "in their labels," etc., and the complaint filed herein puts the alleged offense under Section 2 of said act. Said section is as follows : "Every person who shall use any counterfeit or imitation of any label, trade mark, or form of ad- vertisement of any such person, union or association, knowing the same to be counterfeit or imitation shall be guilty of a misdemeanor, and shall be punished," etc. (Hurd's R. S., 111., 1893, p. 1456). Held: 1. In a prosecution for selling cigars from a box having upon it a counterfeit label, under the act of 1891, to protect associa- tions, unions of workingmen, etc., in their labels, it is incumbent on the prosecution to show that at the time the defendant sold the cigars from the box upon which the label alleged to be counterfeit was used, he knew the label was counterfeit. 2. The fact that two strangers who bought cigars at a stand in- formed the seller that the label upon the box from which he sold them was counterfeit, is not necessarily sufficient to show that the seller sold the cigar knowing the label to be counterfeit. Weener m. Brayton — (152 Mass., 101.) Bill in Equity, by the members and officers of a voluntary as- sociation, to prevent the alleged infringement of a label as a trade mark. Held: If a voluntary association of workmen, embracing many members, has adopted for use upon boxes containing articles made by the members a label indicating that the articles were made bv some of its members, but not by whom, the right to use which be- longs equally to all of them, and continues only while they remain members, a bill in equity cannot be maintained by individual mem- bers of officers of the association to restrain an infringement of the label as a trade mark. White vs. Wagar — (185 111., 195.) Held: t. The simulation of trade marks, labels, names or sig- natures used by a merchant or manufacturer in and about the sale or advertisement of his goods is not forgery, but, under Sections 115 and 116 of Division 1 of the Criminal Code, is a misdemeanor. Digitized by Microsoft® Digest of Decisions. 81 2. Paragraph i of Section 2 of Division 8 of the Criminal Code, authorizing a justice of the peace to issue a search warrant for coun- terfeit or spurious coin, forged bank notes, "and other forged instru- ments," does not authorize a search warrant for forged labels and trade marks. (Langdon w. People, 133 111., 382, distinguished.) Digitized by Microsoft® WHAT CONSTITUTES AN IMITA- TION OF A LABEL. The general rule applicable to the imitation of label is : that any such imitation as may or can produce upon the mind of an incautious purchaser the impression and belief that the imitating label is that of a trade mark owner with whose goods he is more or less familiar, will constitute an infringement. This is what is known as a color- able imitation. It will be noticed that this test involves a certain amount of knowledge on the part of the incautious purchaser of the label of the person whose goods he is seeking, and the imitation need only be such as would produce such an impression on the mind of an ordinary purchaser as would cause him to believe that the label of the infringer was the label of the trade-mark owner. This ques- tion is one which must depend upon the circumstances of each par- ticular case, and no fixed rule can be laid down for its determina- tion. Proof of actual deception of a purchaser should always be supplied, if possible, although it is not necessary to control the de- cision of the court. Lever z'S. Goodwin, 36 Ch., Div. 1, was a case of infringement of labels and packets, used in the sale of soap. Cotton, L. J., said: "Looking at the two tablets, one cannot but see that there is a strong general resemblance between them, and especially to the eyes of peo- ple who cannot read. . . . There may be no monopoly- at all in the individual things, but if they are so combined by the defendants as to pass off the defendants' goods as the plaintiffs', then the de- fendants have brought themselves within the old common-law doc- trine in respect of which equity will give to the aggrieved party an injunction in order to restrain the defendants from passing off their goods as those of the plaintiffs." Lindley, L. J., said : "What is called the general 'get-up,' which is an expression used by some of the witnesses, is so similar that obviously the one might easily be mistaken for the other. Of course in all these cases there are dif- ferences as well as resemblances, and the question, so far as the pcakages are concerned, must always be decided by contrasting the striking resemblances with the striking differences. Now, the only difference which strikes me at all is this : that Goodwin has substi- 82 Digitized by Microsoft® Imitations. 8& tuted the word 'Goodwin' in large letters for 'Sunlight.' That is the whole difference which catches the eye. Then look at the resem- blances; look at the paper; look at the printing; look at the blank space and the catch words ; look at the whole thing, and it is impos- sible not to arrive at the conclusion, not only that one was intended to pass for the other, but that that intention has been realized." In Fleischman vs. Schuckmann, 62 How. Pr. (N. Y. Supreme Ct.) 92, an injunction was granted to restrain the use by defendant of labels on loaves of bread, similar to those of plaintiff, etc. Van Vorst, J., said : "The intention of the defendant to imitate the plaintiff's label and the success of his effort is apparent. . In purchasing articles of so common use as bread, labels are not ex- pected to be critically examined, and persons who cannot read, as well as those who do, are obliged to buy." Although a label bears a name which cannot in equity be pro- tected as a trade mark, this will not prevent a recovery, where the label is imitated in size, shape, color, device and general appearance. Conrad vs. Uhrig Brewing Co., 8 Mo. App., 277. Stawell, C. J., said : "Nor do I concur in the argument that we are to consider the intelligence or want of intelligence of the pur- chaser. We ought not to pronounce a decision which would be ap- plicable to the one and inapplicable to the other, or ignore an unedu- cated and illiterate person who may desire to ascertain whether the article he is about to purchase is the same he has had before. We are to consider whether the infringement of the plaintiff's rights has been proved, not by taking particular isolated points, but by looking at the general resemblance of the packages, labels, bottles and other points." Wolfe vs. Hart, 4 Vich. L. R. Eq., 125, 134. In Lockwood vs. Bostwick, 2 Daly (N. Y.), 521 : In the opinion of the court "the design evidently was to depart from the other sufficiently to constitute a difference when the two were compared, and yet to do it so skillfully that the difference would not be de- tected by an ordinary purchaser, unless his attention were particu- larly called to it and he had a very perfect recollection of the other label." An injunction was accordingly granted. 1. In Dreydoppel vs. Young, 14 Phila. (Pa.), 226, Thayer, P. J., said: "There is such a general resemblance of forms, words, ar- rangements, symbols and accompaniments, that the one wrapper might easily be mistaken for the other. In its general appearance the one is a servile imitation of the other, the differences being merely colorable, and evidently designed to evade the consequences Digitized by Microsoft® 84 Imitations. of the unlawful infringement of the plaintiff's rights, and to preserve a sufficient individuality to enable the defendants to reap the benefit of their fraud. . . Even if the resemblance between the plaintiff's wrappers and those used by the defendants was accidental, the plaintiff, according to all the decisions, would be entitled to pro- tection against its injurious results to his trade." In McLean vs. Fleming, 96 U. S., 245, Clifford, J., said: "Much must depend, in every case, upon the appearance and special char- acteristics of the entire device ; but it is safe to declare, as a general rule, that exact similitude is not required, to constitute .an infringe- ment or to entitle the complaining party to protection. If the form, marks, contents, words, or the special arrangement of the same, or the general appearance of the alleged infringer's device, is such as would be likely to mislead one in the ordinary course of purchasing the goods, and induce him to suppose he was purchasing the genuine article, then the similitude is such as entitles the injured party to equitable protection, if he takes seasonable measures to assert his rights, and to prevent their continued invasion." Pratt's Appeal, 117 Pa. St., 401, was a case of infringement of a peculiar stamp or print used on butter, and claimed as a trade mark, the distinguishing feature of which was the representation of a cornucopia. The court, by Paxson, J., said : "If the defendant's print is an imitation of the plaintiffs . . . the motive of the de- fendant in adopting it is not material, so far as the law of the case is concerned." And it was further said that though the two devices, when placed side by side, present points of dissimilarity, and the dis- tinctive name of each party appear upon the one he uses, yet if the distinguishing features of the two be the same, an injunction will be granted. The label used by defendants on their packages is printed on yel- low paper differing slightly in shade from that used by complainants. The pictures on the two labels are different but express to the be- holder the same idea. When the labels are examined together there are many differences but the general appearance of the label, the color of the paper, the resemblance of the prominent features which go to make up the whole, taken in connection with the fact that the label is placed on packages in size, shape and appearance like those of appellee, are well suited to divert the attention of the purchaser from a critical examination that might correct the impression gained by casual inspection. The fact that careful buyers who scrutinize closely are not deceived only shows that the injury is less in degree, not that there is no injury. Frazer vs. Frazer Lubricator Co., 18 Ills. App., 4^0-462. ft- tj <+ . Digitized by Microsoft® CIVIL REMEDIES. The only civil remedy to which resort may be had by a trades union for the protection of its label is that of injunction. Prior to the adopton of the label Statutes of the various States, courts differed as to whether protection could be extended in any form to any label or device adopted by a trades union to indicate that an article was a union product. All of these statutes now give the right to injunctions in all cases of infringement whether by counter- feit or imitation. A counterfeit is an exact reproduction or. copy of the genuine label, or which upon its face purports to be the original. It has been held that a person who refills a container (i. e. boxes or other packages) bearing a genuine label after the original contents were removed, was guilty of counterfeiting. An imitation of a label is one which does not purport to be the genuine but which is made to so resemble the original as to be cal- culated to deceive purchasers. In an application for an injunction it is never necessary to allege or to show that anybody was in fact deceived — or misled — -but the court must be satisfied that "the resemblance is such as would be likely to cause the one mark to be mistaken for the other." Job Printers Union vs. Kinsley, 107 Ills. App., 654. It is no defense to an application for an injunction, that all parties purchasing goods bearing a counterfeit or imitation label knew that it was a counterfeit or imitation, nor that the seller informed all intending purchasers that it was such. Edelstein vs. Edelstein, 9 Jur. (N. S.), 479. Coats vs. Holbrook, 2 Sandf. Ch., 586. "What degree of resemblance is necessary to constitute an in- fringement is incapable of exact definition. * * * Where the similarity is sufficient to create a false impression in the public mind, and is of a character to mislead and deceive the ordinary purchaser in the exercise of ordinary care and caution in such matters, it is sufficient." * * * McLean vs. Fleming, 96 U. S., 245. Jerome vs. Johnson, 59 N. Y. Supp., 859. 85 Digitized by Microsoft® •86 Civil Remedies. There is no hard and fast rule as to how close the resemblance must be in order to make one label an unlawful imitation of another. In Blackwell z>s. Armistead, 3 Hughes, 163, the court said: "Any imitation calculated to deceive the unwary customer differs from absolute forgery not in the nature but rather in the extent of the injury." In Swift vs. Day, 4 Robertson, 611, the Court says: "It is the unwary, and not the wary, who are to be protected, as most likely to be taken in by the counterfeit. In Monroe vs. Tousey, 129 N. Y., 138, it is said that the court "should presume that the public makes use of the senses of sight and hearing and that it is possessed of a sufficient amount of intelli- gence to note the difference these senses convey — and in the case of Singer Mfg. Co. vs. Wilson, L. R., 2 Ch. D., 434, the judge said: "I am not, as I consider, to decide cases in favor of fools and idiots." But an examination of all the cases will reveal the fact that the courts have been largely influenced by the nature of the article to which the label is affixed and by the class of probable purchasers. When the article is of a great or considerable value, and the prob- able purchasers only of a high grade of intelligence, the courts con- scious of the fact that in such cases a fairly high degree of care is exercised in buying, have held that a very close degree of resem- blance is necessary to constitute an imitation of a label unlawful and in so doing have used language that might be construed as meaning that such a rule should be applied to all cases of infringement. But where the article is a common subject of every day purchase, includ- ing among its buyers the illiterate, the ignorant and the careless, as well as the learned and the cautious, a very slight resemblance has been sufficient to condemn a label as an unlawful imitation of another. The inexpensiveness of the article and the fact that it is called for by careless and illiterate persons or foreigners, unfamiliar with Eng- lish, will be taken into account. Morgan's Sons Co. vs. Troxell, 23 Hun., 632, 636. The court passes upon the case before it, and its decision applies only to that case and other cases exactly like it. A man who would buy a five hundred dollar article with as little care, as is usually given to the ten and twenty cent purchases of every day life might well deserve the name applied to him in some of the decisions. The likelihood of deception ; the probability of the imitation being mistaken for the genuine has always been the test ; and in applying the test the courts have usually considered all facts and circumstances bearing upon the subject. Digitized by Microsoft® Civil Remedies. 87 The bill or as termed in some States, the petition or complaint, should be filed in the name of the general body (that is, the Na- tional or International Union) if it is incorporated. If the general hody is not incorporated the bill should be filed by some member of the union, preferably a general officer, who should allege that he files the bill on behalf of all the members and should also allege (and be prepared to prove if questioned) that he has authority to file the bill for the entire membership. The bill should show that the union is a "union of workingmen" an "association" or whatever is required by the Statute providing for the registration of labels ; that the union has adopted a label for the purposes set forth in the statute ; that it has had the label recorded in the manner required' by law. It should set forth the use of the imitation and contain an allegation that the imitation is calculated to ■deceive. It is not necessary to allege that the imitation has deceived or mis- led anybody, but if it is a fact that purchasers have been deceived or misled and the fact is capable of proof it is well to allege and prove it. The genuine label and the imitation should be submitted with the bill — this best done by incorporating a fac-simile of each in the bill or by attaching them thereto as exhibits. As the resemblance between the two need not be such as to de- ceive persons seeing the two side by side (Drummond Tobacco Co. vs. Tinsley Tobacco Co., 52, Mo. App., 10) and the main test is in- spection by the Court (same case) it is advisable that the copies of the two should appear on different pages of the bill or if shown as exhibits that they be not shown in proximity. The first impression goes a long way, and if the judge sees the two side by side or in close proximity he is much more apt to note the differences than he is to note the points of likeness. If, however, he sees the one, and after an interval sees the other, if that other is at all close in its resemblance to the first one, it ap- pears to be the same, and even if he afterwards wonders why he could mistake the one for the other that first impression remains. If the label infringed upon has been a marked and continuous success, it is well to allege it. This may be clone by showing the number of labels issued from year to year for a definite period next prior to the filing of the bill. The mere fact that the label has been registered and is being used is sufficient to warrant an injunction against imitations ; but it is always well to show the court that the right for which protection is asked is a valuable one. Digitized by Microsoft® 88 Civil Remedies. One bill recently filed showed that in 1892 the year of its first registration 12,000,000 of the labels had been issued and that the output had steadily increased until in 19 10 the demand had called for 535,000,000 labels. These figures so impressed the judge to whom the bill was exhibited that they are yet an almost daily topic with him. It does not appear at all definitely who should be the plaintiff in cases where two or more unions are interested in and use a joint label ; it has been held, however, that parties having distinct interests in the devices embodied in an infringing label may join as complain- ants in equity. Jewish Colonization Assn. vs. Solomon, 125 Fed. Rep., 994. And in the following cases, parties having distinct interest in names peculiar to their business and locality, joined in bills to enjoin the use of the name by a third party who had no right to its use. Pillsbury Washburn Flour Mills Co. vs. Eagle, 30 C. C. A., 386. Northcutt vs. Turney, 10 1 Kentucky, 314. What bearing if any, these cases may have in regard to the pro- tection of joint labels is hard to determine, but see Lynch vs. John Single Paper Co., 101 N. Y. Supp., 824. State vs. St. Clair, 137 Mo. App., 188. Any one who in any way participates in the production or use of a counterfeit or imitation may be enjoined. This includes the die maker, the printer, the person using and any agent through whom he operates. Hildredth vs. Sparks Mfg. Co., 99 Fed. Rep., 484. Cantrell & Cochrane vs. Wittemann, 109 Fed. Rep., 82. Estes vs. Worthington, 30 Fed. Rep., 465. Heretofore the most common defense to any action, civil or crim- inal, brought to protect a trade union label or to punish a counter- feiter was the unconstitutionality of the Statutes. It may now be deemed as settled that the State Legislatures have a right to provide by law for the registration of the labels of labor organizations and to punish counterfeiters and imitations of such labels. Tracy vs. Banker, 170 Mass., 266. State vs. Bishop, 128 Mo., 373. Schmalz vs. Woolley, 57 N. J. Eq., 303. Digitized by Microsoft® Civil- Remedies. 89 Perkins vs. Heert, 158 N. Y., 306. Cohn vs. People, 149 Ills., 486. State vs. Barnett, 159 Ind., 432. In one or two instances statutes were declared to be in conflict with that part of the State Constitution which provides that the purpose of the bill shall be clearly expressed in the title. But in no instance has the purpose of the bill been declared such as the legisla- ture did not have the power to carry out. In so much as most of the label acts have become merged in Re- vised Statutes and so lost their distinctive title it is now as to them, no matter what the original title was. In Georgia, however, it has been held that in such a case "it is legitimate and proper to examine and consider the original act and its title" for purposes of construc- tion. Comer vs. State, Supra page 54. It is not necessary in applications for injunction to show evil in- tent or fraud and the lack of intention to defraud or innocence of wrongdoing is no defense. Digitized by Microsoft® CRIMINAL PROSECUTIONS. The proof required in a criminal prosecution is of a different kind and of much greater degree than in suits for injunction. In some of the States, in order to convict it must be shown that defendant did the prohibited act "knowingly" and the burden of showing guilty knowledge is placed upon the prosecution. In some other States the word "Knowingly" is omitted; whether in these States it is necessary to show the "mens mala," i. e. the criminal intent, is an open question. In still other States, the burden of proving that the act was done innocently is placed upon the defendant. The prosecution in all such cases should arm itself with proof that the act was done "Knowingly." Where ignorance of wrong- doing is permitted as a defense this proof of course may be reserved until the defendant has made his showing, but it should always be ready to be produced. When a counterfeit or imitation is found in the market it is usual for parties interested to presume that the source is the manufacturer of the goods and it is taken for granted that the goods or the pack- age with counterfeit or imitation attached proves that fact. In a criminal prosecution such proof is practically of no value in fixing the offense upon any particular person. It proves of course that the counterfeit or imitation is being used, that an offense has been committed but something more is required. It must be proven that some person committed the offense knowingly; i. e. knowing that the label was a counterfeit or imitation. If it can be successfully proven that the label was attached when the goods were taken from the place of manufacture, that is enough to convict the manufacturer for it follows necessarily that the labels were used in the factory and the manufacturer knew it was a label he had no right to use. When the counterfeit or imitation however can only be traced to a jobber or dealer, it is possible that the goods reached him with the label upon them. In such case, outside proof of knowledge on his part is necessary. In many cases it is advisable that a notice in 90 Digitized by Microsoft® Criminal Remedies. 91 ■writing be served upon the offender, that the label he is using is a counterfeit or imitation, the notice containing a warning that its fur- ther use will result in prosecution. In other cases when it can be shown that he is familiar with the goods, knows them to be non- union, knows the prices at which union goods are sold and that he bought the goods at less price — or where the circumstances are such that any fairly intelligent person in the position of the offender would suspect the genuineness of the label, the arrest should be made without waiting for further offenses to be committed. When notice has been served as above referred to, any subsequent sale should be promptly followed by arrest and prosecution and in those States, where "exposing for sale," "keeping for sale," etc., are prohibited, the prosecution should take place, unless the dealer promptly removes the label, or returns the goods to those from whom he bought. The complaint of course must follow local usage in that regard — the manner of commencing prosecutions varies to such an extent in the different States that any attempt to give explicit instructions would result in embodying here a large part of the codes of crimi- nal procedure of the various States. That the label has been registered must of course be shown ; the statutes make the certificate proof of the registration. But to be such proof the certificate must have incorporated in it or attached to it a facsimile of the label or it must contain a full accurate de- scription of it in writing. In those States where it provides that the label shall be recorded, a certificate that the union has filed the necessary papers is not sufficient; the certificate should state in so many words that the label was recorded. It is no defense that the prosecutor or other purchaser knew that the labels were counterfeit. People vs. Gluckman, 70 N. Y. Supp., 173. People vs. Hilfman, 70 N. Y. Supp., 621. It is no defense that the act relied upon for conviction was done at the instance of the prosecutor or of an agent of the union. People vs. Gluckman, 70 N. Y. Supp., 173. People vs. Krivitsky, 168 N. Y., 182. A defendant may not show by way of defense that the label was not entitled to registration. The action of the Secretary of State in recording it is conclusive in a criminal prosecution. Commonwealth vs. Norton, 9 Dist. Rep. (Pa.), 132. Digitized by Microsoft® 92 Criminal Remedies. Much that has been said under the head of Civil Remedies is ap- plicable to Criminal Prosecutions, particularly such as relates to what constitutes an unlawful imitation. If there is any doubt whether the label used by a non-union con- cern is an unlawful imitation of the union label, resort should be had to proceedings for injunction. If upon the hearing it is adjudged such an imitation resort may then be had to criminal prosecution. One court has held, however, that the copying of any portion of a registered label even though no general resemblance results, is unlawful. Myrup vs. Friedman, 58 Misc. N. Y., 323 ; Affirmed 1 12 N. Y. Supp., 1 138. Digitized by Microsoft® SEARCH WARRANTS. Alabama, Code of 1907, Chapter 288, after defining a search warrant says (Sec. 7758) : "It may be issued on any of the following grounds. * * * 3. Where it (property) is in the possession of any person with the intent to use it as a means of committing a public offense or in the possession of another to whom he may have delivered it for the purpose of concealing it, or preventing its discovery. Arizona — Provisions identical with those of California given below. Revised Statutes, 1901, Page 1399, Sec. 1269, Clause 3. California Penal Code, Kerr's Cyclopaedic Codes (1906), Vol. 4, Page 1308, says it may "be issued upon either of the following grounds :" 3. When it (property) is in the possession of any person with the intent to use it as a means of committing a public offense or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered, in which case it may be taken on the warrant from such person or from any place occupied by him or under his control, or from the person to whom he may have so delivered it. Delaware — Revised Statutes, 1893, Page 736, Sec. 29, authorizes magistrates to issue warrants to search for forged bank bills "or other writings or for any instrument or materials for making the same." Idaho — Revised Codes, 1908, Vol. 2, Pages 867-868, contains a provision substantially the same as the California provision above given. Maine — Revised Statutes, 1903, P. 962, Sec. 13, is substantially the same as those of Delaware above given. Massachusetts — Revised Laws, 192, Page 1818, Sec. 1, provides a search warrant may issue for (Clause 4) "Counterfeits or imita- 98 Digitized by Microsoft® 94 Search Warrants. tions of a label, trade mark, stamp or form of advertisement recorded pursuant to the statutes of this Commonwealth, goods upon which such counterfeit or imitation has been impressed, affixed or used, and any dies, plates, brands, moulds, engraving, printing presses, type or other tools, machines or materials prepared or provided for making such counterfeit or imitation. Michigan provides for a search warrant for forged bank notes "and other forged instruments." Compiled Laws, 1897, Par. 11987, Clause 1. Missouri — See Section 10371, supra. Montana provisions are identical with those of California above given. Revised Codes, 1907, Vol. 2, Sec. 9677, Clause 3. Nebraska authorizes the issue of search warrants for counterfeit trade marks and counterfeiting instruments. Cobbeys Compiled Statutes (1909). Page 378, Sec. 2495. New Hampshire — Public Statutes, 1900, Chapter 251, Sec. 1, Clause 6, provides that such warrant may issue for "The subject- matter of any offense not herein specially mentioned." North Dakota — substantially the same as in California. Revised Codes, 1905, Page 1664, Sec. 10272, Clause 3. Ohio — The General Code, 1910, Sec. 13482, authorizes search warrants for counterfeit labels and trade marks and for dies, etc., for making them. Oklahoma provisions are identical with those of California. Com- piled Laws, 1909, Page 1423, Sec. 701 1. Oregon — Identical with the California provisions above given. Ballinger and Cotton's, Codes and Statutes (1902), Vol. 1, Page 621, Sec. 1 70 1, Clause 3. South Dakota — Identical with the provisions of California. Com- piled Laws, 1910, Vol. 2, P. 735, S. 594, Clause 3. Tennessee — Substantially the same as those of Alabama. Code of Tennessee (Shannon), 1896, Page 173 1, Sec. 7296, Clause 3. Utah — Same as California. Compiled Laws, 1907, Sec. 5081, Clause 3. Digitized by Microsoft® Search Warrants. 95 Virginia — Search warrants may issue for forged bank notes and "other instruments or writings." Virginia Code, 1904, Vol. 2, Page 2086, Sec. 3952. West Virginia — Identical with Virginia provisions. West Virginia Code Annotated, 1906, Page 1773, Section 4503. Wisconsin allows a search warrant for forged bank notes and other forged instruments — Statutes, 1898, Page 2862, Sec. 4840. Wyoming allows the issue of warrants to search "For forged or counterfeit * * * labels, trade marks," etc. Compiled Statutes ( 1910), Page 1446, Sec. 6313, Clause 2. In States not mentioned above no provision for search warrants, that could apply to labels, was found except those where the pro- vision is in the label statute. Digitized by Microsoft® FORMS FOR APPLICATIONS. ALABAMA. MONTGOMERY. To the Honorable the Secretary of State of the State of Alabama: (Name of officer), respectfully represents that he is the (official title) of the (name of union) ; that the said (name of union) is a voluntary unincorporated union of workingmen ; that said Union has adopted and is now using a label for the purpose of designa- ting and distinguishing the product of the labor of a member or members of said Union, which said label is of the design, words and figures following, to-wit: (Label.) He further represents that the accompanying label is a true copy of the label so adopted and used by said Union; that he has been authorized and directed by said Union to file a copy of said label in the office of the Secretary of State of the State of Alabama to the end that said label may be entitled to the protection afforded by the laws of said state to labels so filed. He transmits herewith a copy of said label and prays that the same may be duly filed in accordance with the law in such case made and provided, and that a duly attested certificate of such filing may be issued to said (name of union). ( Signature. ) State of \ County of \ (Name of officer), being first duly sworn on his oath, says that all the representations in the foregoing petition contained are true in substance and in fact, ( Signature. ) Subscribed and sworn to before me this day of _ 191 (Signature of Magistrate.) (Magistrate's title and jurisdiction. ) Fees $2.00. 96 Digitized by Microsoft® Forms for Applications. 97 ARIZONA. PHOENIX. To the Honorable the Secretary of the Territory of Arizona: The undersigned (name of officer) respectfully represents that he is the (official title) of the (name of union) ; that said (name of union) is a voluntary unincorporated union of workingmen ; that said union has adopted for its protection a label announcing that goods to which such label is attached were made by a member or members of said union ;. that he is duly authorized to make this ap- plication on behalf of said Union. That said label consists of a design, words and figures as shown by the following copy thereof, viz: (Label,) That he herewith files and leaves with you, said Secretary of the Territory, two copies, counterparts and facsimiles of said label, and respectfully prays that the said label may be duly recorded and a duly attested certificate of the record of said label may be de- livered to said union in accordance with the law in such case made and provided. ( Signature. ) State of ] County of j ss ' (Name of officer), being duly sworn on his oath, says, that the representations set forth in the foregoing petition are true in sub- stance and in fact. ( Signature. ) Subscribed and sworn to before me this day of ....... 191 I am authorized by the laws of the State of to administer oaths. My commission expires (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $3.25. Digitized by Microsoft® 98 Forms for Applications. ARKANSAS. little rock. State of \ County of \ ss ' The undersigned (name of officer) being first duly sworn on his oath says: that he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this statement in its behalf in pursuance of the laws of the State of Arkansas providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of de- signating, making known and distinguishing the following de- scribed goods, wares, merchandise and products of labor, to-wit: (class or kind of merchandise). That the said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and correct. Said label consists of a design, words and figures as shown by the following copy thereof, viz: (Label.) ( Signature. ) Subscribed and sworn to before me by the said (name of officer) this day of , 1910. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® Forms for Applications. 99 CALIFORNIA. sacramento. State of \ County of \ ss ' (Name of President), being duly sworn, deposes and says that he is the President of (name of union), a labor organization, with its principal office in the (city and state) and through subordinate local unions organized and existing in the State of California ; that the said (name of union) is the exclusive owner of the Trade Mark described in the specification accompanying this affidavit, and he petitions that the said Trade Mark may be filed in the office of the Secretary of State of California, in accordance with the law in said case made and provided. (Signature of President.) Subscribed and sworn to before me this day of 191 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) SPECIFICATION. To all whom it may concern: Be it known that the (name of union), a labor organization having its principal office in the (City and State), and through subordinate local unions organized and existing in the State of California has adopted for its use a Trade Mark of which the fol- lowing is a description: (describe in words not by copy). It has generally been arranged as shown in the accompanying facsimile and in the following copy of saidTrade Mark, viz: (Label.) This Trade Mark has been used in its business since the day of , The class of merchandise and the particular goods upon which the Trade Mark is used is (give class of goods) the product of the labor of a member or members of said organization. Digitized by Microsoft® 100 Forms for Applications. It has been the custom to (affix it to receptacle containing such goods or imprint it upon a conspicuous part of such goods or as the case may be.) (Signature of President.) Two witnesses : Fees $5.00. 1. The law says the affidavit shall be that of the President. In one case the label was registered upon the affidavit of a person who stated in his affidavit that he was the "General" Secretary and as such Secretary the Chief Executive Officer of the organization. Digitized by Microsoft® Forms for Applications. 101 *COLORADO. DENVER. ( Date. ) 1 9 To the Honorable the Secretary of State of the State of Colorado : The (name of union), a union of workingmen, being desirous of availing itself of the provisions of An Act of the Legislature of the State of Colorado in relation to Trade Marks and Labels, approved April 10, 1899, has adopted a certain label for the purpose of desig- nating and distinguishing certain articles in manner and form as follows, to-wit : The articles to be so designated -and distinguished are (class of goods) the product of the labor of a member or mem- bers of said union. The label so adopted is of the design and in words and figures as shown by the following copy thereof, viz : (Label.) That the said (name of union) has the right to use the same and that no other person, firm, association, union or corporation has the right to use the same, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed herewith are true and correct. (Signature of Officer.) (Official title) of said (name of union). State of — J c ss- County of On this day of , 19 , before me personally appeared the above named (name of officer) to me personally known, and made oath that he is the (official title) of the (name of union) and that the following statement by him subscribed is true and correct. My commission expires (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $1.00. — Digitized by Microsoft® 102 Forms for Applications. ^CONNECTICUT. HARTFORD. Certificate of Registration of Label. Knozv all men by these presents: That the (name of union), a union of workingmen, having its principal office in the (City and State) and having local subordi- nate unions in the principal cities of the State of Connecticut, has adopted the following label, to be applied by label or by engraving or by stamping such label upon the goods or packages containing them or in advertising the same. Said label so adopted is of the design, words and figures shown in the following copy thereof, viz : (Label.) And I certify that such label was first used by said union on or about the day of , A. D. i , and that it has the exclusive right to the same. (Signature of officer making the application.) (Title) of the (name of union.) State of \ County of j ( Date. ) 19 Personally appeared (name of officer making the application), personally known to me to be the (official title) of the (name of union) and made oath to the truth of the foregoing certificate before me. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Add certificate of magistracy. Fees $2.50. Digitized by Microsoft® • Forms for Applications. 103 ♦DELAWARE. DOVER. To all whom it may concern: Be it known that the (name of union), a union of workingmen, having its principal office in the (City and State) has adopted for its protection a label announcing that goods to which said label shall be attached were manufactured by a member or members of said union, of which label the following is a description. This label consists of (describe label in. words). The following is a copy, facsimile or counterpart of the said label, to-wit : (Label.) The class and particular description of goods to which the said label has been and is intended to be appropriated is (class of goods). The said label has been continuously used by said union since about the day of , i The said label is usually applied by means of labels or by stamp- ing or printing it upon the goods or upon the packages containing the goods. (Signature of officer making application.) (Officer's title) of the (name of union.) State of \ County of \ (Name of officer making application) being duly sworn, says tha the is the (official title) of the (name of union) the applicant named in the foregoing statement; that he verily believes that the foregoing statement is true; that the said union at this time has the right to the use of the labels therein described; that no other person, firm, association or corporation, has the right to such use either in the identical form or in any such near resemblance thereto as may be calculated to deceive ; and that the description and the copy fac- simile or counterpart filed therewith truly represent the label sought to be registered. (Signature of officer of union.) Subscribed and sworn to before me this day of A. D. 19 (Signature of Magistrate.) Fees $1.00. (Magistrate's title and jurisdiction.) Digitized by Microsoft® 104 Forms for Applications. FLORIDA. tallahassee. State of \ County of j The undersigned (name of officer), being first duly sworn on his oath says: That he is the (official title) of the (name of union), an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Florida providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of desig- nating, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit : ( Class or kind of merchandise. ) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) „ Subscribed and sworn to before me by the said (name of officer) this day of. , 19 10. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $3.00. Digitized by Microsoft® Forms for Applications. 105 GEORGIA. ATLANTA. To the Honorable the Secretary of State of the State of Georgia: The (name of union) respectfuly represents that it is a voluntary unincorporated union of workingmen ; that it has heretofore adopted for its protection a label announcing that goods to which such label shall be attached were manufactured by a member or members of said union, which said label is of the design and in words and figures as follows, viz: (Label.) That it herewith incloses and leaves with you, said Secretary of State, three copies, counterparts and facsimiles of said label to the end that said label may be duly filed for record and a duly attested certificate of the record thereof may be issued and delivered to the said (name of union). Dated this day of , 19 (Name of union.) By (name of union officer) its (title of union officer.) State of \ County of \ (Name of union officer) being first duly sworn on his oath says that he is the (title of union officer) of the (name of union), the above-named applicant and that the statements made in said applica- tion are true in substance and in fact. (Signature of union officer.) Subscribed and sworn to before me this day of 19 (Magistrate's title and jurisdiction.) (Signature of Magistrate.) Fees $1.00. 9 Digitized by Microsoft® 106 Forms for Applications. IDAHO. BOISE. State of ) County of } ss ' The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Idaho providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of designat- ing, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise. ) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and correct. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) Subscribed and sworn to before me by the said (name of officer) this day of , 1 9 1 o. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $6.00. Digitized by Microsoft® Forms for Applications. 107 tILLINOIS. springfield. State of \ County of \ ss: The undersigned (name of union officer), being first duly sworn ■on his oath says that he is the (title of union officer) of the (name of union), an unincorporated union of workingmen, and makes this statement in its behalf in pursuance of Chapter 140 of "Hurd's" Revised Statutes of the State of Illinois. That he files herewith two copies which are counterparts or far- similes of a label which said (name of union) has adopted and in- tends to appropriate for the purpose of designating, making known or distinguishing the following described goods, wares, merchandise or products of labor, to- wit : (Class of goods.) That it has the right to use the said label and that no other per- son, firm or association, union or corporation, has a right to use such label, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles, copies of counterparts filed are true and correct. The essential part of said label is (give essential features). (Signature of union officer.) Subscribed and sworn to before me this day of _ 19 I am authorized by the laws of the State of :to administer oaths. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) JFees $2.00. Digitized by Microsoft® 108 Forms for Applications. tINDIANA. INDIANAPOLIS. Certificate accompanying a label filed in accordance with An Act providing for the registry and protection of labels, wrappers, marks, names, brands, stamps, or other devices of associations and unions of workingmen, etc. Name or names of the person or association : (Name of union) , an unincorporated association of workingmen. Residence, location or place of business : Principal office in (City or State). Class of merchandise and the particular description of goods com- prised in such class to which the label has been or is intended to be appropriated is (give class of goods). The essential features of the label are (describe label in words) as shown by the following copy of said label, viz : (Copy of label.) Length of time, if any, during which the label has been in use. Since about the day of , I (Name of Officer), President (or other officer) of the above- named (name of union), do hereby declare, in accordance with the provisions of the act above referred to that the said (name of union) has a right to the use of the label referred to in the foregoing certi- ficate, and that no other person, firm, association, union or corpora- tion has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive ; and I" further declare that the facsimiles, copies or counterparts filed with the foregoing certificate are true and correct. In witness whereof, I have hereunto signed my name this day of. , in the year one thousand _ (Signature of officer.) State of | County of \ ( Date. ) 19 Then personally appeared the above-named (name of officer) and made oath that the foregoing declaration by him subscribed is true. Before me. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.50. Digitized by Microsoft® Forms for Applications. 109 tlOWA. DES MOINES. Application for Registration of a Label. By (name of Union), an unincorporated association having its principal office in the (City and State), and local subordinate unions in the State of Iowa, filed in the office of the Secretary of State, of the State of Iowa, in accordance with Sections 5049, 5050, 5051, Code of 1897. The said label has been or is intended to be appropriated for use in connection with (class of goods). The style and size of type, and the color of ink and paper may be varied at pleasure. If used as a label, or trade mark, it is usually applied by painting or stenciling, by labels, or by forming on the material of which the product is made. If, as a form of advertising, it is used in advertisements, in news- papers, circulars, on letter heads, on invoices, and other printed matter. The said label has been in use since about the day of , 1 , and consists of the arbitrarily selected word, mark, symbol or character herewith illustrated, viz : (Label.) The essential features of the said label consists of (give essential features). In witness whereof, I have hereunto signed my name this day oL...= „., , A. D. 19 (Name of Union.) By (signature of officer making application) its (title of officer.) State of \ County of \ Subscribed and sworn to before me by said (name of officer), this day of , A. D. 19 (Signature of Magistrate.) Fees $1.00. (Magistrate's title and jurisdiction.) Digitized by Microsoft® 110 Forms for Applications. KANSAS. TOPEKA. State of County of \ ss ' The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Kansas providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of designat- ing, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise. ) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) ..._ Subscribed and sworn to before me by the said (name of officer), this day of , 19 10. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® Forms for Applications. Ill tKENTUCKY. FRANKFORT. Application for registration in Kentucky must be made upon blanks that will be furnished upon application to Secretary of State, Frankfort, Kentucky. Fees $1.00. Digitized by Microsoft® 112 Forms for Applications. •(•LOUISIANA. BATON ROUGE. Be it known, That the (name of union), an unincorporated asso- ciation of workingmen having its principal office in the (City and State), and having local subordinate unions in the State of Louisi- ana, has adopted for its use a label for the purpose of designating, making known and distinguishing goods, wares, merchandise and the product of labor as having been made and prepared by a mem- ber or members of said union, of which said label two copies, coun- terpart sor facsimiles are herewith filed for record in the office of the Secretary of State, to-wit : (Label.) This application is filed on behalf of "the (name of union) afore- said. The class of merchandise, and description of goods to which said trade mark has been appropriated and is intended to be appro- priated is (class of goods). The said (name of union) has the sole right to the use of the same. No other person, firm, association, union or corporation has the right to such use, either in the identical form herein above described, or in any such resemblance thereto as may be calculated to deceive, and the facsimiles or counterparts herewith filed are true and correct. Thus done and signed at the (City and State) this day of , 19 (Name of officer making application.) affidavit. State of ) County of \ (Name of officer), being duly sworn, deposes and says that he is the President (or other officer) of the (name of union), the appli- cant named in the foregoing instrument, and that the facts alleged in said instrument are true. Sworn to and subscribed before me, this day of 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® Forms for Applications. 113 fMAINE. AUGUSTA. „. Sworn statement accompanying a label filed in accordance with the laws of the State of Maine. i. (Name of union officer), President (or other officer) of the (name of union), an unincorporated union of workingmen, do here- by certify that the label, counterparts or facsimiles of which are filed herewith, is filed on behalf of said (name'of union), having its prin- cipal office in the (City and State) and having local subordinate unions in the State of Maine. That the particular class of merchan- dise and the particular description of the goods to which it has been or is intended to be appropriated is (class of merchandise). That the essential feature of said label consists of (give essential features). That said label has been in use by the above-named (name of union) since about the day of , i That the said (name of union) has the right to the use of the same and that no other person, firm, association or corporation has the right to such use, either in the identical form, or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile copies or counterparts filed herewith are true and correct. (Signature of officer.) President (or other officer) of said (name of union.) State of £ County of \ s On this day of , A. D. 190 (name, title and jurisdiction of Magistrate), personally appeared the above- named (name of union officer) and made oath that the foregoing statement by him subscribed is true. Before me. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® 114 Forms for Applications. fMARYLAND. annapolis. State of \ County of \ ss ' ( Date. ) 19 ..._ I hereby certify that , whose business or trade is that of a union of workuigmen, have adopted a Trade Mark or Label, and hereby make application to the Secretary of State of the State of Maryland, for the registration of the same, in compliance with the provisions of Chapter 357 of the laws of Maryland of 1892. Witness the hand of the President (or other proper officer) and the seal of the union, this day of , 19 ( S ignafcure. ) .-. _ ( President or other proper officer. ) ( Seal of the union. ) 1 State of County of ' Personally appeared before me, the undersigned, a (title of Mag- istrate) of the State of , residing in said State and County, (name of union officer) who has signed the foregoing certi- ficate, and made oath in due form of law that the matters and things therein set forth are true, and that he is the proper officer to sign the same. Sworn to and subscribed before me this day of _ *9 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. 1 If union has no seal add : "I further certify that the said (name of union) has never adopted a common seal." Digitized by Microsoft® Forms for' Applications, 115 tMASSACHUSETTS. BOSTON. (Regulations printed below must be strictly adhered to.) Certificate accompanying a label filed for T*ecord in accordance with Section 7 of Chapter 72 of the Revised Laws, relative to the adoption and registration of Labels, and Chapter 335 of the Acts of 1904, An Act to provide for registration of the Insignia of Societies, Association and Labor Unions, and to prohibit the unauthorized use thereof. Name of the Society, Association or Labor Union (name of union). It is an unincorporated labor union. Location, principal office in the (City and State). The particular purpose or use for which the label has been or is intended to be appropriated, is to indicate that (class of goods) upon which, or contained in packages upon which it appears are the pro- duct of the labor of a member or members of said union. The essential feature of the label consists of (give essential features). The style and size of type or lettering, and color of ink and com- modity (may or will not) be varied at pleasure. Length of time, if any, during which the label has been in use, since about the day of , 1 (Give month, day of month and year when adopted or give date when in use.) I, (name of union officer) President (or other officer) of the above named (name of union) do hereby declare in accordance with the provisions of Section 7 of Chapter 72 of the Revised Laws, that the said (name of union) has a right to use the label referred to in the foregoing certificate, and that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive ; and I further declare that the copies or facsimiles filed with the fore- going certificate are true. In witness whereof, I have hereto signed my name this day of , in the year nineten hundred and (Signature of union officer.) Digitized by Microsoft® 116 Forms for Applications. commonwealth of massachusetts. State of { County of \ ss ' ( Date. ) 19 Then personally appeared the above-named (name of union offi- cer) and made oath that the foregoing declaration by him sub- scribed is true. Before me. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Do not attach any label. Digitized by Microsoft® Forms for Appijcations. 117 fMICHIGAN. LANSING. Sworn statement accompanying a label filed in acordance with Act No. 206, of the Public Acts of 1895, of Michigan. I. (name of officer making application), President (or other offi- cer) of the (name of Union), an unincorporated union of work- ingmen, do hereby declare that the label counterparts. or facsimiles of which are filed herewith is filed on behalf of said (name of union), that the particular class of merchandise and a particular description of the goods to which it has been or is intended to be appropriated is (class of goods) that the said (name of union) has. the right to the use of the same and that no other person, firm, asso- ciation, union or corporation has the right to such use, either in the identical form, or in any such near resemblance there to as may be calculated to deceive, and that the facsimile copies or counterparts filed herewith are true and correct. (Signature of officer.) "| ss: State of .._ County of On this day of , A. D. 19 , before me per- sonally appeared the above-named (name of officer) and made oath that the foregoing statement by him subscribed is true. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® 118 Forms for Applications. MINNESOTA. ST. PAUL. State of \ County of j **' The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Minnesota providing for the recording of the labels of such unions. The he files herewith two copies which are counterparts or fac- similes of a certain label with said association has adopted and has appropriated and intends to appropriate for the purpose of desig- nating, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise. ) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and correct. Said label consists of a design words and figures as shown bv the following copy thereof, viz : (Label.) ( Signature. ) _ Subscribed and sworn to before me by the said (name of officer) this day of , 191 ( Signature of Magistrate. ) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® Forms for Applications. ^ 119 MISSISSIPPI. Mississippi has no law for the registration of Trade Marks or Labels. Digitized by Microsoft® 120 Forms for Applications. tMISSOURL JEFFERSON^ Know ell men by these presents: That the (name of union) a union of workingmen, having its principal office in the (City and State), and having local subordinate unions in the State of Missouri, desiring to avail itself of the pro- visions of Chapter 169, Revised Statutes of 1899, and more particu- larly of Section 10365 thereof, as amended in 1903, has adopted for its use a trade mark to designate, make known and distinguish cer- tain goods, wares and merchandise by it manufactured or prepared, of which trade mark the following is a description : ( Give descrip- tion in words), the essential features of which trade mark are (give essential features) as applied to (class of goods) and that the fac- similes presented herewith are true and correct copies thereof. That the trade mark as usually applied appears as follows : (Label.) In testimony whereof the said union has caused this instrument to be signed by its president (or other officer) and the common seal of said union to be hereto attached at the City of. _ this day of , 19 (Signature of officer.) (Title of officer.) (Union seal.) State of \ County of \ On this day of , 19 , before me appeared (name of officer) to me personally known, who, being by me duly sworn did say that he is the President (or other officer) of the said (name of union), an unincorporated union of workingmen; that the seal affixed to the foregoing instrument is the common seal of said union and that said instrument was signed and sealed in be- half of said union by authority (of its executive council or by law as the case may be), and said (name of officer) acknowledged said instrument to be the free act and deed of said union for the pur- pose therein stated. 1 If union has no common seal so state just below label. Digitized by Microsoft® Forms for Applications. 121 In testimony whereof I have hereunto set my hand and affixed my seal at my office in the City of , the day and year last above written. My commission expires (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00., Must be in duplicate and both forwarded to Secretary of State. Digitized by Microsoft® 12& Forms for Applications. MONTANA. HELENA. To the Honorable the. Secretary of State of the State of Montana: The (name of union) respectfully represents that it is a voluntary unincorporated union of workingmen ; that it has heretofore adopted for its protection a label announcing that goods to which such label shall be attached were manufactured by a member or members of said union, which said label is of the design and in words and figures as follows, viz : (Label.) That it herewith incloses and leaves with you, said Secretary of State, three copies, counterparts and facsimiles of said label to the end that said label may be duly filed for record and a duly attested certificate of the record thereof may be issued and delivered to the said (name of union). Dated this day of 19 (Name of union.) By (name of union officer) its (title of union officer.) State of \ County of - \ (Name of union officer) being first duly sworn on his oath says that he is the (title of union officer) of the (name of union), the above-named applicant and that the statements made in said appli- cation are true in substance and in fact. (Signature of union officer.) Subscribed and sworn to before me this day of 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $4.00. Digitized by Microsoft® Forms for Applications. 123 tNEBRASKA. LINCOLN. Certificate accompanying a Trade Mark or Label, filed in accord- ance with the provisions of the laws of the State of Nebraska. The said Trade Mark or Label has been or is intended to be ap- propriated for use in connection with (class of goods) the product ■of the labor of a member or members of the (name of union), an unincorporated union of workingmen. The size and style of type and the color of ink and material on which the same is used may be varied at pleasure. It is usually ap- plied by paintings or stenciling, or by labels, or by forming it in, or on castings. It is also used in advertisements, on letter heads, in in- voices and in other printed matter. The said Trade Mark or Label has been in use since about the day of _ , i , and consists of the arbitrarily selected mark or character herewith illustrated : (Label.) I, (name of officer) President (or other officer) of the above- named (name of union), do hereby declare, that the facsimiles, copies or counterparts filed with the foregoing certificate are true and ■correct. In witness whereof, I have hereunto signed my name this_ day of_ _ , 19 State of / County of _ - ) (Name of union officer), being first duly sworn, deposes and savs that the matters and facts above stated are true as he verily believes. Witness my hand and seal this day of , 19 (Signature of Magistrate. ) (Magistrate's title and jurisdiction.) Fees $2.00. Note : This must be executed in duplicate and both sent to Sec- retary of State. Digitized by Microsoft® 124 Forms for Applications. NEVADA. carson city. State of \ County of \ ss: The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union), an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Nevada providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of designat- ing, making known and distinguishing the following-described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise.) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy.thereof, viz : (Label.) ( Signature. ) _ Subscribed and sworn to before me by the said (name of officer) this day of , 1910. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® , , Forms for Applications. 125 fNEW HAMPSHIRE. CONCORD. To the Honorable the Secretary of Stat?: . . Be it known, That the (name of union), a union of workingmen, has heretofore adopted and used a certain label and herewith files the same for record in the office of the Secretary of State by leaving two copies, counterparts or facsimiles thereof and by filing therewith this sworn application: i. The name of the union so filing such label is (name of union). 2. The class of merchandise upon which the same has been used is (give class of goods) and a particular description comprised in such class is all, goods made or prepared by a member or members of such union. 3. Said label has been used by said applicant since about the day of. _ , 1 4. Said label consists of a design, words and figures as follows, viz : (Copy of label), the essential features of which are (give essen- tial features). ( Name of union. ) By (signatures of officers) its ^title of Officer), State of | County of \ I, (name of officer) being first duly sworn, deposes and says that I am the (title of officer) of the applicant herein and make this affi- davit and verification in its behalf. That I have read the above and foregoing application and know the contents thereof, and that the facts set out therein are true ; that said Union so filing said label has the right to the use of the same and that no other person, firm, asso- ciation, union, corporation, or organization, has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive and that the two copies, coun- terparts or facsimiles filed herewith are true and correct. ( Signature of officer. ) Subscribed and sworn to before me this day of ■. 19 ■■■ (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® 12(j> Forms for Applications; NEW JERSEY. TRENTON. State of County of The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of New Jer- sey, providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of desig- nating, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise). That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimile's or counterparts filed herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy, thereof, viz : (Label.) ( Signature. ) Subscribed and sworn to before me by the said (name of officer) this day of , 1910. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fee $2.00. Add certificate of Magistracy. Digitized by Microsoft® Forms for Applications. 127 NEW MEXICO. SANTE FE. To the Honorable the Secretary of the Territory of New Mexico: The (name of union), an association, respectfully represents that it has heretofore adopted a label and wishes to retain exclusive use thereof. That the following is a description of the said label, viz: (De- scribe in words) and the following is a facsimile thereof, viz: (Paste copy of label.) That said (name of union) claims the exclusive right to the use of said label by priority of adoption and employment of the same. That the class of merchandise to be covered by said label is (class of merchandise). That it respectfully asks that the said label may be recorded, and that a certificate under the Great Seal of the Territory of New Mexico issue to the undersigned as provided by law. Witness the signature of the (President or other officer) of said association, and the seal of said association this day of - 19 ( Signature of officer. ) (Title of officer.) State of \ County of \ s On this day of , 19 , personally appeared (name of officer) to me personally known to be the (president or other officer of the (name of union) and acknowledged that he had signed the foregoing instrument as his free and voluntary act and as the free and voluntary act of said (name of union). (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $5.00. Digitized by Microsoft® 128 Forms for Applications. NEW YORK. Albany. State of ) County of j To the Honorable the Secretary of State of the State of Nezv York: I hereby certify that the (name of union), a labor union unincor- porated, has adopted a label of which the following is a facsimile, viz: (Copy of label), and hereby make application to you, said Secretary of State, for the registration of the same, in compliance with the provisions of the Statute in such case made and provided. Two facsimiles of said label are herewith enclosed. Witness the hand of the (president or other officer) and the seal of said union this day of , A. D. 19 (Signature of officer. ) (Title of officer.) (Seal of union.) State of County of ' Personally appeared before me, the undersigned, a (title and jurisdiction of magistrate), residing in said State and County, (name of officer), who has signed the foregoing certificate, and made oath in due form of law that the matters and things therein set forth are true, and that he is the proper officer to sign the same. I am authorized to administer oaths by the laws of the State of : _ Sworn to and subscribed before me, this day of 19-- (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $1.00, does not include certificate. Add certificate of Magistracy. Digitized by Microsoft® Forms for Applications. 129 tNORTH CAROLINA. RALEIGH. To the Secretary of State of the State of North Carolina: Sir: In compliance with the requirements of an act of the Gen- eral Assembly of the State of North Carolina, entitled "An Act to provide for the registration of labels, trade marks and designs," rat- fied March 9, 1903, the undersigned (name of union), resident or doing business in the United States, having heretofore adopted or used, or desiring to adopt or use a label for the purposes provided in said act, and desiring to file the same for record in the office of the Secretary of State of the State of North Carolina, hereby certify : 1. The name of the person or persons, co-partnership or corpora- tion, so filing, is (name of union). 2. His or its residence, location or place of business is (City and State). 3. The class of "merchandise, and the particular description of goods comprised therein (give class of goods). The trade mark consists of (describe in words). Two copies or facsimiles of said mark are tendered herewith. 4. The class to which it has been or is intended to be appropriated (as indicated by 3rd clause above). 5. The length of time, if any, during which it has been in use since about the day of , 19 By (name of officer) its (president or other officer.) (Name of union.) State of \ County of \ Personally appeared before me, this day of A. D. 19 , (name of officer making application), who being duly sworn, according to law,* deposes and says that the statements con- tained in the foregoing instruments are true; that the (name of union) so filing such label has a right to use the same, and that no other person or persons, firm or corporation, has the right to such use, either in the identical form or in any such near resemblance Digitized by Microsoft® 1.30 Forms for Applications. thereto as may be calculated to deceive, and that the facsimiles, cop- ies or counterparts filed herewith are true and correct. (Signature of officer of union.) Sworn and subscribed before me, the day and year aforesaid. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Filed... 19 (Secretary of State.) Fees $3.10. Digitized by Microsoft® Forms for "Applications. 181 tNORTH DAKOTA. BISMARK. Certificate and Statement accompanying a trade mark, filed in accordance with Section 1543, Chapter 124, Session Laws of 1901, of the State of North Dakota. To all whom it may concern: Be it known that the (name of union) a voluntary unincorporated association and having its principal place of business at (City and State), has adopted a trade mark, the essential features of which are described as follows: (Give essential features), the style and size of type and color of ink and paper to be varied at pleasure. This trade mark has been in continuous use by said association since about the day of , 1 , and the fol- lowing is a facsimile thereof : (Label.) (Name- of officer) President (or other officer) of the (name of union) do hereby declare, in accordance with the provisions of the law herein referred to, that the said association has a right to the use of the trade mark as described in the foregoing certificate, and that no other person, firm, association or corporation has the right to use such, either in the identical form or in any such near resem- blance thereto as may be calculated to deceive ; and I further declare that the facsimiles, copies or counterparts filed with the foregoing certificate are true and correct. In witness whereof, I have hereunto signed my name this.- day of_ , 1 ( Signature of officer. ) | ss: State of County of _ Personally appeared before me, a (title and jurisdiction of mag- istrate), the above named (name of officer) and made oath that the foregoing declaration by him subscribed to is true of his own knowledge. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $3.00. Papers should be rrgd^^ jjydu^aj^ Send both. 132 Forms for Applications. tOHIO. Columbus. Registration of Trade Marks, Labels, Etc., this Application of (Name of union). Witnesseth, That the association above named, in compliance with the provisions of the General Code of the State of Ohio, 1910, Sections 6219 to 6227 inclusive, hereby makes application for the registration and record in the office of the Secretary of State of Ohio of a label in the form and design following: (Copy of label), which has been and is intended to be appropriated in the following class and description of goods and merchandise: (Class of goods). (Name of union.) By (name of officer.) its ( President or other officer. ) (Seal of Union.) 1 State of \ County of \ (Name of officer), being duly sworn says that he is the (President or other officer) of the above named association in whose behalf the foregoing application is made; that such association has the right to use such label and that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed therewith are true and correct and are intended to be appropriated to the class and description of goods and merchandise named in said application. ( Signature of officer. ) Subscribed in my presence and sworn to before me this day of A. D., 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. l li no seal, so state r ate,m^&c%iis ;/ fti8}ffiafeire to affidavit. Forms for Applications. 133 OKLAHOMA. Oklahoma City. State of { County of \ ss ' The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union), an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Oklahoma providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of desig- nating, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit : ( Class or kind of merchandise.) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) Subscribed and sworn to before me and by the said (name of officer) this day of , 1910. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Digitized by Microsoft® 134 Forms for Applications. tOREGON. SALEM. Application for registration should be made on blanks furnished by the Secretary of State on request. Fees $2.00. Digitized by Microsoft® Forms for Applications. 136 PENNSYLVANIA. i HARRISBURG. To the Honorable the Secretary of the Commonwealth, State of Pennsylvania: Your petitioner (name of officer making application) respectfully represents, That he is the President (or other officer) of the (name of union) ; that said (name of union) is an unincorporated union of workingmen, to-wit (name of trade, as Cigar makers or as the case .may be) ; that its principal place of business is in the (City and State) ; that it has local subordinate unions in the State of Pennsyl- vania ; that it has heretofore adopted a label for the protection of its members and for the purpose of designating their particular labor and workmanship and has duly authorized your petitioner to pro- cure the registration of said label under the laws of the State of Pennsylvania ; That the following is a description of the label so adopted, viz : (Describe in words) and the following is an exact facsimile thereof, viz: (Label.) Wherefore, on behalf of the (name of union) aforesaid he prays that the said label may be duly filed and registered as provided by law and that a certificate of registration issue to, and in the name of the (name of union) aforesaid. And as in duty bound your petitioner will ever pray. ( Signature of officer. ) State of ( County of \ (Name of officer), being first duly sworn on his oath says that the matters and things set forth in the foregoing petition by him subscribed are true to the best of his knowledge and belief. ( Signature. ) Digitized by Microsoft® 136 Forms for Applications. Subscribed and sworn to. before me this day of 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction^) Fees $2.00, and cost of publication. Add certificate of magistracy. Note. — Pennsylvania requires notice of application to be given by publication once a week for three successive weeks in two news- papers of general circulation, published in said "Commonwealth." The Secretary of the Commonwealth has declared a notice sub- stantially in the following form to be sufficient: "Notice is hereby given that on the day of 19 , the (name of union) will make application to the Secretary of the Commonwealth of Pennsylvania for Registration of its Union Label. A copy of the application with facsimiles of the label, is now lodged in the office of said Secretary. (Name of officer of union.) (Title of officer.) Digitized by Microsoft® Forms for Applications. 137 tRHODE ISLAND. PROVIDENCE. Application accompanying a label filed in accordance with the pro- visions of Chapter 735 of the Public Laws, passed April 12, 1900, •entitled "An Act for the Protection of Labels and Seals of Labor Organizations, Associations and Societies in the State of Rhode Island and Providence Plantations." Name of Person, Association or Union (name of union). Class of merchandise and description of the goods to which the label has been or is intended to be appropriated (give class of goods). I, (name of officer of union) President (or other officer) of the (name of union), do hereby declare, in accordance with the provis- ions of said Chapter 735 of the Public Laws, that said (name of union) has a right to the use of the same label referred to in the foregoing application ; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to de- ceive, and that facsimile or counterparts filed therewith are true and correct. In witness whereof, I have hereunto signed my name this •day of in the year nineteen hundred (Signature of President or other officer.) STATE OF RHODE ISLAND, ETC. ss: State of : County of -- (Date.) 19 Then personally appeared the above named (name of officer) and made oath that the foregoing declaration by him subscribed is true .and correct. Before me. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00, and cost of publication. The Secretary of State publishes the notice of application. 1 1 Digitized by Microsoft® 138 , Forms for Applications. tSOUTH CAROLINA. COLUMBIA. Applications should be made upon blanks which are furnished by the Secretary of State on request. The law requires the Secretary of State to "cause a description of such label * * * to be published once a week for three suc- cessive weeks, at the expense of the applicant, in some newspaper published in the City of Columbia." For recording and one certificate, $2.00. Cost of publication to be added. Digitized by Microsoft® Forms for Applications. 139 SOUTH DAKOTA. PIERRE. To the Honorable the Secretary of State of the State of South Dakota: I hereby certify that the (name of union), a labor union unincor- porated, has adopted a label of which the following is a facsimile, viz : (Copy of lahel), and hereby make application to you, said Sec- retary of State, for the registration of the same, in compliance with the provisions of the Statute in such case made and provided. Two facsimiles of said label are herewith enclosed. Witness the hand of the (President or other officer) and the seal of said union this day of , A. D. 19 (Signature of officer.) (Title of officer.) (Seal of union.) 1 State of \ County of j Personally appeared before me, the undersigned, a (title and jurisdiction of magistrate), residing in said State and County, (name of officer), who has signed the foregoing certificate, and made oath in due form of law that the matters and things therein set forth are true, and that he is the proper officer to sign the same. I am authorized to administer oaths by the laws of the State of. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $1.00. Add certificate of magistracy. 1 If union has no seal, so state in application. Digitized by Microsoft® 140 Forms for Applications. fTENNESSEE. NASHVILLE. To the Honorable (name of Secretary), Secretary of State, Nash- ville, Tenn.: The petition of the (name of union), whose principal office is in the State of , and City of , for the Reg- istration of a Trade Mark under the Laws of the State of Tennessee. The undersigned respectfully represents that he- is the President (or other officer) of the (name of union) and authorized to file this petition in its behalf. He further represents that the said (name of union) is an unincor- porated association of workingmen and that in the course of its bus- iness it has adopted a certain trade mark for the purposes designated in Section I of the act of the General Assembly hereinafter men- tioned, which said trade mark is of the following design and in the following words and figures, viz : (Paste copy of label.) He further represents that the said Trade Mark has been appro- priated and is intended to be appropriated to (class of goods) ; that the said (name of union) has the right to use such Trade Mark; that no other person, firm, corporation, association or union has the ris-ht to such use either in the identical form (above shown) or in any such near resemblance thereto as may be calculated to deceive, and that the facsimiles or counterparts filed herewith are true and correct. He respectfully asks that this petition be filed and that the said Trade Mark be registered in accordance with the Act of the Gen- eral Assembly of the State of Tennessee, being Chapter 21 of the Acts of 1905, and that said (name of union) be given a certificate showing its compliance with said Act whereby it may have the bene- fit and protection of the laws of the State of Tennessee. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $5.00, includes one certificate; $1.00 for each-additional cer- tificate. Digitized by Microsoft® Forms for Applications. 141 TEXAS. AUSTIN. State of ( County of ) ss ' The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of Texas pro- viding for the recording of the labels of' such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of desig- nating, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit : (Class or kind of merchandise.) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and cor- rect. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) Subscribed and sworn to before me by the said (name of officer > this day of , 1910. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $1.00. Digitized by Microsoft® 142 Forms for Applications. UTAH. SALT LAKE CITY. To the Honorable the Secretary of State of the State of Utah: The (name of union), respectfully represents that it is a volun- tary unincorporated union of wOrkingmen; that it has heretofore adopted and is now using a label as a trade mark which said trade mark is usually affixed by said union to denote goods to be goods manufactured and produced by members of said union and which said trade mark is of the design and in words and figures as follows, viz: (Label.) It further represents that said union is the original and exclusive owner of said trade mark and that said union first adopted and used the said label as a trade mark. It therefore prays that the said trade mark may be recorded in ac- cordance with the provisions of the Statutes of the State of Utah. (Name of union.) By (signature of President or other officer) its (title of officer). Fees $3.00. State of , County of ' (Name of officer), being first duly sworn, says that he is a mem- ber of the (name of union) the above-named petitioner, and is the (President or other officer) thereof and that the said (name of union) is the exclusive owner of the trade mark a copy of which is embodied in said petition. (Signature of officer.) Subscribed and sworn to before me this day of 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $3.00. Digitized by Microsoft® Forms for Applications. 143 •fVERMONT. MONTPELIER. Certificate accompanying a label adopted as a Trade Mark and filed in accordance with Chapter 212 of the Public Statutes, entitled "Trade Marks; Protection of Dealers in Milk and Beverages," as amended by No. 121 of the Acts of 1908. Name or names of the Persons, Partnership or Corporation (name of union) an unincorporated association of workingmen. Residence, location or place of business. Its principal office is in the city of , State of Class of merchandise and the particular description of goods comprised in such class to which the label has been or is intended to be appropriated. The class of merchandise is (give class) ; the particular descrip- tion is all goods of that class on which the labor of a member of such association has been put. The essential features of said label are (describe label in words) as shown by the following copy of said label, viz : (Copy of Label.) Length of time, if any, during which the label has been in use. Since about the day of , 1 I, (name of officer) President (or other officer) of the (name of union), do hereby declare, that the said (name of union) has a right to the use of the label referred to in the foregoing certificate, and that no other person, partnership or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive ; and I further declare that the foregoing descriptions and the fac- similes, copies or counterparts filed with the foregoing certificate are true, correct and accurate. In witness whereof, I have hereunto signed my name this day of , 19 (Signature of officer.) » Digitized by Microsoft® 144 Forms for Applications. state of vermont. ss: State of County of (Date.) 19 Then personally appeared the above named (name of officer) and made oath that the foregoing declaration by him subscribed is true. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $4.00. Digitized by Microsoft® Forms for Applications. 145 fVIRGINIA. RICHMOND. Applications for registration in Virginia must be made upon blanks which will be furnished upon application to Secretary of the Commonwealth, Richmond, Virginia. Fees $4.50. Add certificate of Magistracy. Digitized by Microsoft® 146 Forms for Applications. tWASHINGTON. OLYMPIA. Sworn application accompanying a label : To the Honorable the Secretary of State: Be it known, That the (name of union) an unincorporated union of workingmen, has heretofore adopted and used a certain label and herewith files the same for record in the office of the Secretary of State by leaving two copies, counterparts or facsimiles thereof, with said Secretary, and by filing therewith this sworn application. (i) The name of the person so filing such label is (name of union), having its principal office at the City of. , in the State of (2) The class of merchandise upon which the same has been used is (give class of goods), and a particular description of the goods comprised in such class is, all of that class which is the pro- duct of the labor of members of said union. (3) Said label has been used by applicant since about the day of , 1 (4) Said label is as follows (copy of label) and consists of (give description in words), the essential features of which are (give essential features). (Name of union.) By (signature of officer.) its (title of officer). State of £ County of S I, (name of officer), being first duly sworn, depose and say that I am the (President or other officer) of the applicant herein, and make this affidavit and verification in its behalf. That I have read the above and foregoing application and know the contents thereof, and that the facts set out therein are true; that said (name of union) so filing said label has the right to the use of the same and that no other person, firm, association, union, corporation or organization has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that no two copies, counterparts or facsimiles, filed herewith are true and correct. ( Signature of officer. ) Subscribed and sworn to before me this day of _ _ 19 (Signature of Magistrate.) Fees $5.00. (Magistrate's title and jurisdiction.) Digitized by Microsoft® Forms for Applications. 147 WEST VIRGINIA. charleston. State of \ County of j " The undersigned (name of officer) being first duly sworn on his oath says: That he is the (official title) of the (name of union) an unincorporated association of workingmen, and makes this state- ment in its behalf in pursuance of the laws of the State of West Virginia providing for the recording of the labels of such unions. That he files herewith two copies which are counterparts or fac- similes of a certain label which said association has adopted and has appropriated and intends to appropriate for the purpose of designat- ing, making known and distinguishing the following described goods, wares, merchandise and products of labor, to-wit: (Class or kind of merchandise.) That said association has the right to use the said label and that no other person, firm or corporation, union or association has a right to such use, either in the identical form herein set forth or in any such near resemblance thereto as may be calculated to deceive. And that the facsimiles or counterparts filed herewith are true and correct. Said label consists of a design, words and figures as shown by the following copy thereof, viz : (Label.) ( Signature. ) Subscribed and sworn to before me by the said (name of officer) this day of , 1 9 1 o. (Signature of Magistrate.) (Magistrate's title and jurisdiction.) Fees $2.00. Add certificate of Magistracy. Digitized by Microsoft® 148 Forms for Applications. ' tWISCONSIN. MADISON. State of .'. \ County of \ * s: (Name of officer), being first duly sworn, deposes and says that he is the (title of officer) of the (name of union) located and doing- business in the city of , and State of r and that he makes this sworn statement in its behalf and that the said (name of union) is the sole owner of the trade mark sought to- be registered, and has adopted the same for its own use. The trade mark sought to be registered is as follows : (Describe in words.) The class of merchandise to which the same is intended to be ap- propriated is (give class) and a particular description of the goods is the goods of the class named which are the product of the labor of the members of said (name of union). That said (name of union) has the right to the use of the same and that no other person, firm, association, union or corporation has a right to such use either in the identical form or in any such near resemblance thereto as may be calculated to deceive and that the fac- similes or counterparts filed herewith are true and correct. (Signature of officer.) Subscribed and sworn to before me this day of _ A. D. 19 (Signature of Magistrate.) (Magistrate's title and jurisdiction.) (Seal.) Fees $2.00. Add certificate of Magistracy. Digitized by Microsoft® Forms for Applications. 149 WYOMING. CHEYENNE. Certificate accompanying a label filed in accordance with the pro- visions of Chapter 218, Wyoming compiled Statutes Annotated, 1910. Name or names of the Person or Association; (name of union), a voluntary unincorporated union of working-men. Residence, location or place of business : Its principal office is in the City of , State of Class of merchandise and the particular description of goods com- prised in such class to which the label has been or is intended to be appropriated (give class of goods). The label consists of a design, words and figures as follows: (Copy of label.) The essential features of the label are (give essen- tial features). Length of time, if any, during which the label has been is use. Since about the day of , 19 I, (name of officer) President (or other officer) of the (name of union), do hereby declare, in accordance with the provisions of Chapter 218, Wyoming Compiled Statutes, Annotated, 19 10, that said (name of union) has a right to the use of the label referred to in the foregoing certificate, and that no other person, firm, associa- tion, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive ; and I further declare that the facsimiles, copies or counterparts filed with the foregoing certificate are true and correct. In witness whereof, I have hereunto signed my name this day of....7 , in the year one thousand nine hundred and. (Signature of officer.) State of } County of j ( Date ) 1 9 Then personally appeared the above named (name of officer), and made oath that the foregoing declaration by him subscribed is true. Before me. (Signature of Magistrate.) Fees $10.00. (Magistrate's title and jurisdiction.) Digitized by Microsoft® 150 Forms for Applications. UNITED STATES. See Federal Registration. CANADA. It seems to be the opinion of Canadian lawyers of high standing, that an unincorporated union as such, is not and will not be recog- nized as an applicant for the registration of a trade mark or label in the Dominion. It does not appear that any attempt has ever been made to register directly in the name of the union. The method usually resorted to has been to register in the name of an individual and then take from him a declaration of trust showing that the label is the property of the union and that he, the registrant, holds the same in trust for the benefit of the union. The Canadian Trade Mark Law, forms and full instructions may be obtained by sending to The Minister of Agriculture (Trade Mark and Copyright Branch), Ottawa, Ontario. Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® Digitized by Microsoft® PROPERTY OF LIBRARY , , no NEW YORK STATE SCHOOL ^Jj INDUSTRIAL AND LABOR RELATIONS CORNELL UNIVERSITY Digitized by Microsoft® Cornell University Library HD 64S9.C5 Union label laws, comprising in full or 3 1924 002 701 740 Digitized by Microsoft® Digitized by Microsoft® Ill m 11 91 KwiiMiiHH IP ■II > .