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being rendered in any such case for wrongful use of a trade-mark the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction. The court shall have the same power to increase such damages, in its discretion, as is given by section sixteen of this Act for increasing damages found by verdict in actions of law; and in assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost which are claimed. (33 Stat. 729.)

See notes to section 1 of this act, ante, § 9485.

Section 16 of this act, mentioned in this section, is set forth ante, § 9501. Damages are not recoverable in a suit for infringement by a party failing to give the notice of registration prescribed by section 28 of this act, post, § 9514, except on proof that defendant was notified of infringement, and continued the same after such notice, by a further provision of said section 28.

§ 9505. (Act Feb. 20, 1905, c. 592, § 20.) Order for destruction of infringing labels, etc.; service of injunction, and proceedings for enforcement thereof.

In any case involving the right to a trade-mark registered in accordance with the provisions of this Act, in which the verdict has been found for the plaintiff, or an injunction issued, the court may order that all labels, signs, prints, packages, wrappers, or receptacles in the possession of the defendant, bearing the trade-mark of the plaintiff or complainant, or any reproduction, counterfeit, copy, or colorable imitation thereof, shall be delivered up and destroyed. Any injunction that may be granted upon hearing, after notice to the defendant, to prevent the violation of any right of the owner of a trade-mark registered in accordance with the provisions of this Act, by any circuit court of the United States, or by a judge thereof, may be served on the parties against whom such injunction may be granted anywhere in the United States where they may be found, and shall be operative, and may be enforced by proceedings to punish for contempt. or otherwise, by the court by which such injunction was granted, or by any other circuit court, or judge thereof, in the United States, or by the supreme court of the District of Columbia, or a judge thereof. The said courts, or judges thereof, shall have jurisdiction to enforce said injunction, as herein provided, as fully as if the injunction had been granted by the circuit court in which it is sought to be enforced. The clerk of the court or judge granting the injunction shall, when required to do so by the court before which application to enforce said injunction is made, transfer without delay to said court a certified. copy of all the papers on which the said injunction was granted that are on file in his office. (33 Stat. 729.)

See notes to section 1 of this act, ante, § 9485.

§ 9506. (Act Feb. 20, 1905, c. 592, § 21.)

for infringement.

Restrictions on actions

No action or suit shall be maintained under the provisions of this Act in any case when the trade-mark is used in unlawful business, or upon any article injurious in itself, or which mark has been used

with the design of deceiving the public in the purchase of merchandise, or has been abandoned, or upon any certificate of registration fraudulently obtained. (33 Stat. 729.)

See notes to section 1 of this act, ante, § 9485.

Restrictions on registration of marks as trade-marks were imposed by section 5 of this act, ante, § 9488.

§ 9507. (Act Feb. 20, 1905, c. 592, § 22.) Suits involving interfering registered trade-marks.

Whenever there are interfering registered trade-marks, any person interested in any one of them may have relief against the interfering registrant, and all persons interested under him, by suit in equity against the said registrant; and the court, on notice to adverse parties and other due proceedings had according to the course of equity, may adjudge and declare either of the registrations void in whole or in part according to the interest of the parties in the trademark, and may order the certificate of registration to be delivered up to the Commissioner of Patents for cancellation. (33 Stat. 729.)

See notes to section 1 of this act, ante, § 9485.

§ 9508. (Act Feb. 20, 1905, c. 592, § 23.) Existing rights and remedies for wrongful use of trade-mark preserved.

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. (33 Stat. 730.)

See notes to section 1 of this act, ante, § 9485.

Certificates of registration issued under previous acts were excepted from the operation of the repeal of inconsistent acts and parts of acts by section 30 of this act, post, § 9516.

§ 9509. (Act Feb. 20, 1905, c. 592, § 24.) Pending applications for registration; amendment and prosecution thereof.

All applications for registration pending in the office of the Commissioner of Patents at the time of the passage of this Act may be amended with a view to bringing them, and the certificate issued upon such applications, under its provisions, and the prosecution of such applications may be proceeded with under the provisions of this Act. (33 Stat. 730.)

See notes to section 1 of this act, ante, § 9485.

§ 9510. (Act Feb. 20, 1905, c. 592, § 25.) Damages from registration procured by false or fraudulent declaration or means; recovery.

Any person who shall procure registration of a trade-mark, or entry thereof, in the office of the Commissioner of Patents by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered by an action on the case. (33 Stat. 730.)

See notes to section 1 of this act, ante, § 9485.

§ 9511. (Act Feb. 20, 1905, c. 592, § 26.) Regulations for proceedings for registration.

The Commissioner of Patents is authorized to make rules and regulations, not inconsistent with law, for the conduct of proceedings in reference to the registration of trade-marks provided for by this Act. (33 Stat. 730.)

See notes to section 1 of this act, ante, § 9485.

§ 9512. (Act May 4, 1906, c. 2081, § 2.) Classes of merchandise for purpose of trade-mark registration.

The Commissioner of Patents shall establish classes of merchandise for the purpose of trade-mark registration, and shall determine the particular descriptions of goods comprised in each class. On a single application for registration of a trade-mark the trade-mark may be registered at the option of the applicant for any or all goods upon which the mark has actually been used comprised in a single class of merchandise, provided the particular descriptions of goods be stated. (34 Stat. 169.)

This section was part of an act entitled "An act to amend the laws of the United States relating to the registration of trade-marks."

Section 1 of the act amended section 1 of the Trade-Mark Act of 1905, and is incorporated in said section as set forth ante, § 9485.

Section 3 of the act is set forth ante, § 9486.

Section 4 of the act provided that the act should take effect July 1, 1906.
See notes to said act Feb. 20, 1905, c. 592, § 1, ante, § 9485.

§ 9513. (Act Feb. 20, 1905, c. 592, § 27.) Articles imported, copying or simulating, etc., trade-name or registered trade-mark, not admitted to entry.

No article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall copy or simulate a trade-mark registered in accordance with the provisions of this Act, or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any custom-house of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, convention, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trade-mark, issued in accordance with the provisions of this Act, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured,

or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. (33 Stat. 730.) See notes to section 1 of this act, ante, § 9485.

Provisions similar to those of this section were contained in the Dingley Tariff Act of July 24, 1897, c. 11, § 11, 30 Stat. 207. § 9514. (Act Feb. 20, 1905, c. 592, § 28.)

Notice of registration

to be affixed to trade-mark or to package inclosing article; notice of registration or of infringement requisite of recovery of damages.

It shall be the duty of the registrant to give notice to the public that a trade-mark is registered, either by affixing thereon the words "Registered in U. S. Patent Office," or abbreviated thus, "Reg. U. S. Pat. Off.," or when, from the character or size of the trade-mark, or from its manner of attachment to the article to which it is appropriated, this can not be done, then by affixing a label containing a like notice to the package or receptacle wherein the article or articles are inclosed; and in any suit for infringement by a party failing so to give notice of registration no damages shall be recovered, except on proof that the defendant was duly notified of infringement, and continued the same after such notice. (33 Stat. 730.)

See notes to section 1 of this act, ante, § 9485.

When a trade-mark was to be deemed "affixed" to an article, within the meaning of this act, was defined by section 29 of this act, post, § 9515.

§ 9515. (Act Feb. 20, 1905, c. 592, § 29.) Construction of act; definitions.

In construing this Act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all territory which is under the jurisdiction and control of the United States. The word "States" includes and embraces the District of Columbia, the Territories of the United States, and such other territory as shall be under the jurisdiction and control of the United States. The terms "person" and "owner," and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this Act, include a firm, corporation, or association as well as a natural person. The term "applicant" and "registrant" embrace the successors and assigns of such applicant or registrant. The term "trade-mark" includes any mark which is entitled to registration under the terms of this Act and whether registered or not and a trade-mark shall be deemed to be “affixed" to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or inclosed or otherwise prepared for sale or distribution. (33 Stat. 731.)

See notes to section 1 of this act, ante, § 9485.

§ 9516. (Act Feb. 20, 1905, c. 592, § 30.) Time of taking effect of act; repeal; exception of certificates of registration issued under previous acts.

This Act shall be in force and take effect April first, nineteen

hundred and five. All Acts and parts of Acts inconsistent with this Act are hereby repealed except so far as the same may apply to certificates of registration issued under the Act of Congress approved March third, eighteen hundred and eighty-one, entitled "An Act to authorize the registration of trade-marks and protect the same," or under the Act approved August fifth, eighteen hundred and eightytwo, entitled "An Act relating to the registration of trade-marks." (33 Stat. 731.)

See notes to section 1 of this act, ante, § 9485.

The Trade-Mark Act of March 3, 1881, c. 138, 21 Stat. 502, and Act Aug. 5, 1882, c. 393, 22 Stat. 298, mentioned in this section, were superseded by this act, except as provided by this section.

Sec.

CHAPTER THREE

Copyrights

9517. Exclusive rights as to copyrighted works; to print, etc., copy, and vend; to translate, dramatize, etc.; to deliver in public, if lecture, etc.; to perform, exhibit, etc., if drama or dramatic work; to perform, or make arrangement or record, if musical composition; and to control mechanical reproduction thereof. 9518. Rights of author or proprietor of unpublished work not annulled or limited.

9519. Copyright to protect component parts of work already copyrighted; copyright upon composite works or periodicals.

9520. Copyright upon all writings of author.

9521. Classification of applications for registration.

9522. Copyright upon compilations, etc., of works in public domain or of copyrighted works; subsisting copyrights not affected. 9523. Copyright not to subsist in works

in public domain, or works published prior to act and not already copyrighted, or government publications; effect of publication by government of copyrighted material. 9524. Authors or proprietors, etc., entitled to copyright; alien authors or proprietors.

9525. Certificate of registration or of

copyright to be issued to proprietor of certificate of registration, copyright, trade-mark, or patent issued by foreign govern

Sec.

ment, protecting pattern, model, design, copyright, trade-mark, or manufactured article imported for and exhibited at PanamaPacific International Exposition; branch office; registers of certificates issued; deposits of registers in Patent Office and Copyright Office.

9526. Infringement of rights protected in articles, etc., exhibited at exposition; injunction; damages; impounding of articles, etc., during pendency of action; destruction of articles, etc. 9527. Punishment for infringement of rights protected.

9528. Laws applicable to actions for infringement.

9529. Beginning and ending of protection to articles exhibited. 9530. Copyright secured by publication of work with notice of copyright affixed to copies.

9531. Registration of claim to copyright, and issuance of certificate thereof.

9532. Copyright of works not reproduced for sale.

9533. Deposit of copies of work after publication; action or proceeding for infringement not maintainable until after deposit of copies and registration. 9534. Failure to deposit copies; demand therefor; penalty for default after demand. 9535. Postmaster's receipt for articles deposited; transmission by mail without cost to claimant.

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