Chap. 33.—An ACT to protect labels, trade marks, terms, etc., of labor associa-
tions and organizations.

Approved January 5, 1898.

1. Be it enacted by the general assembly of Virginia, That whenever
any person, or any association or union of workingmen has heretotore
adopted or used, or shall hereafter adopt or use, any label, trade mark,
term, design, device, or form of advertisement, for the purpose of desig.

nating, making know n, or distinguishing any goods, wares, merchandise,
or other product of labor, as having been made, manufactured, pro-
duced, 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, and has filed and recorded the same as hereinafter provided,
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.

2. Whoever counterfeits or imitates any such label, trade mark, term,
design, device, or form of advertisement, or knowingly and with intent
to deceive, sells, offers for sale, or in any way utters or circulates any
counterfeit or imitation of any ‘such label, trade mark, term, design, de-
vice, or form*of advertisement, or knowingly and with ‘intent to deceive,
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 to
which, or on which, any such counterfeit or imitation is printed, painted,
stamped, or impressed, or knowingly and with intent to deceive, know-
ingly sells or disposes of any goods, wares, merchandise, or other pro-
duct of labor contained in any box, case, can, or package, to which, or
on which, any such counterfeit or imitation is attac hed, affixed, printed,
painted, stamped, or impressed, or knowingly and with intent to deceiv @,
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, any such
counterfeit or imitation is attached, affixed, printed, painted, stamped,
or impressed, shall be punished by a fine of not more than one hundred
dollars, or by imprisonment for not more than three months.

3. Every such person, association, or union that has heretofore 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,
may file the same for record in the office of the secretary of the com-
monwealth by leaving two copies, counterparts, or fac similes thereof,
with said secretary, and by filing therewith a sworn application, specify-
ing the name or names of the person, association, or union on whose be-
half such label, trade mark, term, design, device, or form of advertise-
ment shall be filed; the class of merchandise and a description of the
goods to which it has been, or is intended to be appropriated, stating
that the party so filing, or on whose behalf such label, trade mark,
term, design, device, or form of advertisement shall be filed, has a right
to use the same; that no other person, firm, association, union, or cor-
poration 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 or counterparts filed therewith are true and correct. There
shall be paid for such filing and recording to the commonwealth a tax of
two dollars and fifty cents. Said secretary 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 re-
cord 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 the commonwealth shall not re-
cord for any person, union, or association any label, trade mark, term,
design, device, or form of advertisement that would probably be mis-
taken for any label, trade mark, term, design, device, or form of ad-
vertisement theretofore tiled by or on behalf of any other person, union,
or association.

4. Any person who shall for himesclf, or on behalf of any other per-
son, association, or union, procure the filing of any label, trade mark,
term, design, or form of advertisement in the office of the secretary of
the commonwealth, under the provisions of this act, by making any
false or fraudulent representations or declaration, verbally, or in writing,
or by any fraudulent means, shall be Hable to pay any ‘damages, SUs-
tained in consequence of any such filing, to be recovered by or on behalf
of the party injured thereby, in any court having jurisdiction, and shall
be punished by a fine not exe ‘ceeding one hundred dollars, or by impri-
sonment not exceeding three months.

5. Every such person, association, or union adopting or using a label,
trade inark, term, design, deviee, or form: of advertisement as afores enid,
may proceed by suit to enjoin the manufacture, use, display, or sale of
any counterfeits, or imitations thereof, and all courts of competent juris-
diction shall grant injunctions to restrain such manufacture, use, display,
or sale as may be by the said court deemed just and reasonable, and
shall require the defe ndants to pay to such person, association, or union,
all profits derived from such wrongful manufacture, use, display, or s: sale:
and such court shall also order that any such counterfeits, or imitations
in the possession, or under the control of any defendant in such cause
be delivered to an oflicer of the court, or to the complainant, to be des-
troyed.

6. Every person who shall use or display the genuine label, trade
inark, term, design, device, or form of advertisement, of any such per-
son, association, or union in any manner, not being authorized so to do
by such person, union, or association, shall be deemed culty of a mis-
demeanor, and shall. be punished hy imprisonment for not more than
three months, or by a fine of not more than one hundred dollars. In
all cases where such association, or union, is not incorporated, suits
under this act may be commenecd and prosecuted by an officer, or mem-
ber of such association or union, on behalf of, and for the use of such
association or union.

7. Any person or persons, who shall in anv way use the name or seal
of any such person, association, or union, or oflicer thereof, in and about
the sale of goods, or otherwise, not being authorized to so use the same,
shall be cuilty of a misdemeanor, and shall be punishable by imprison-
ment for not more than three mouths, or by a fine of not more than one
hundred dollars.

8. This act shall take effect and be in force from and after its passage.