Chap. 187.—An ACT to protect persons, firms, corporations, associations, or
unions of workingmen in the use of their labels, trade marks, terms, designs,
devices, and forms of advertisements, and to provide for the registry thereof.

Approved April 30, 1903.

1. Be it enacted by the general assembly of Virginia, That whenever
any person, firm, corporation, 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 pur-
pose of designating, making known, or distinguishing any goods, wares,
merchandise, or other product of labor, as having been made, manu-
factured, produced, prepared, packed or put on sale by such person, firm
or corporation, or association or union of workingmen, by a member
or members of such association or union, and has filed the same for reg-
istry as hereinafter provided, it shall be unlawful to counterfeit or imi-
tate 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 counter-
feit or imitation of any such label, trade mark, term, design, device or
form of advertisement.

2. Whoever counterfeits or imitates any such registered 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 circu-
lates any counterfeit or imitation of any such registered label, trade mark,
term, design, device, or form of advertisement, or knowingly and with
intent to deceive, keeps or has in his possession, with the 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, knowingly sells or disposes of any goods, wares, merchandise 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 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 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. All such
applications for registry shall be made on forms prescribed by the secre-
tary of the Commonwealth, and any person applying to the secretary of
the Commonwealth for a certificate of registry of any label, trade mark.
term, design, device or form of advertisement, shall furnish to the said
secretary a copy, fac-simile, or counterpart thereof.

3. Every such person, firm, corporation, 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 sec-
tion one of this act, may file the same for registry in the office of the sec-
retary of the Commonwealth by leaving six copies, counterparts, or fac-
similes thereof with the said secretary, and by filing herewith a sworn ap-
plication, specifying (1) the name or names of the person, firm, corpura-
tion, association or union, on whose behalf such label, trade mark, term,
design, device or form of advertisement shall be filed; (2), the class of
merchandise and the description of the goods to which it has been, or 1s
intended to be appropriated, stating that the party so filing, or on whose
behalf such label, trade mark, term, design, device, or form of advertise-
ment shall be filed, has a right to use the same; (3), that no other per-
son, 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 (4), that the. fac-simile or counter-
parts filed therewith are true and correct. There shall be paid for such
filing and registry to the secretary of the Commonwealth a fee of two dol-
lars and fifty cents. Said secretary shall deliver to such person, firm,
corporation, 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 registry of the same as such person,
firm, corporation, association, or union may apply for, for each of which
certificates said secretary shall receive a fee of two dollars and fifty cents.
Any such certificate of registry shall in all suits and prosecutions under
this act be sufficient proof of the adoption and registry of such label, trade
mark, term, design, device, or form of advertisement. Said secretary of
the Commonwealth shall not record for any person, firm, corporation,
union, or association any label, trade mark, term, design, device, or form
of advertisement that would probably be mistaken for any label, trade
mark, term, design, device, or form of advertisement heretofore filed by
or on behalf of any other person, firm, corporation, union or association.

4. Any person who shall for himself, or on behalf of any other person,
firm, corporation, association, or union, procure the filing and registry
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, ver-
bally, or in writing, or by any fraudulent means, shall be liable to pay any
damages, sustained in consequence of anv such filing, to be recovered by
or on behalf of the party injured thereby, in any court haying jurisdiction,
and shall be punished by a fine not exceeding one hundred dollars, or
by imprisonment not exceeding three months.

5. Every such person, firm, corporation, association, or union which
has adopted and registered a label, trade mark, term, design, device, or
form of advertisement as aforesaid, may proceed by suit to enjoin the
manufacture, use, display, or sale of any counterfeits or imitations
thereof, and all courts of competent jurisdiction 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 defendants
to pay to such person, firm, corporation, association, or union, all pro-
fits derived from such wrongful manufacture, use, display. or sale; and
such court shall also order that anv such counterfeits or imitations in the
possession, or under the control of anv defendant in such cause be de-
livered to an officer of the court, or to the complainant, to be destroyed.

6. Every person who shall use or display the genuine registered
label, trade mark, term, design, device, or form of advertisement, of any
such person, firm, corporation, association, or union in any manner, not
being authorized so to do by such person, firm, corporation, union, or |
sociation, shall be deemed guilty of a misdemeanor, and shall be punish
by imprisonment for not more than three months, or by a fine of not mc
than one hundred dollars. In all cases where such association, or unit
is not incorporated, suits under this act may be commenced and pro
cuted by an officer, or member of association or union, on behalf of, a
for the use of such association or union.

%. Any person, or persons, who shall in any way use the name or s
of any such person, firm, corporation, association, or union, or offi
thereof, in and about the sale of goods, or otherwise, not being authoriz
to so use the same, shall be guilty of a misdemeanor, and shall be punts
able by imprisonment for not more than three months, or by a fine
not more than one hundred dollars.

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