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SEC. 17. [Jurisdiction of courts.] That the circuit and territorial courts of the United States and the supreme court of the District of Columbia shall have original jurisdiction, and the circuit courts of appeal of the United States and the court of appeals of the District of Columbia shall have appellate jurisdiction of all suits at law or in equity respecting trade-marks registered in accordance with the provisions of this Act, arising under the present Act, without regard to the amount in controversy. [33 Stat. L. 728.]

SEC. 18. [Review by Supreme Court.] That writs of certiorari may be granted by the Supreme Court of the United States for the review of cases arising under this Act in the same manner as provided for patent cases by the Act creating the circuit court of appeals. [33 Stat. L. 729.]

SEC. 19. [Injunctions -assessment of damages.] That the several courts vested with jurisdiction of cases arising under the present Act shall have power to grant injunctions, according to the course and principles of equity, to prevent the violation of any right of the owner of a trade-mark registered under this Act, on such terms as the court may deem reasonable; and upon a decree being rendered in any such case for wrongful use of a trade-mark the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction. The court shall have the same power to increase such damages, in its discretion, as is given by section sixteen of this Act for increasing damages found by verdict in actions of law; and in assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost which are claimed. [33 Stat. L. 729.]

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SEC. 20. [Destruction of infringing labels, etc.- service of injunction enforcing injunctions — certified copies of papers.] That in any case involving the right to a trade-mark registered in accordance with the provisions of this Act, in which the verdict has been found for the plaintiff, or an injunction issued, the court may order that all labels, signs, prints, packages, wrappers, or receptacles in the possession of the defendant, bearing the trade-mark of the plaintiff or complainant, or any reproduction, counterfeit, copy, or colorable imitation thereof, shall be delivered up and destroyed. Any injunction that may be granted upon hearing, after notice to the defendant, to prevent the violation of any right of the owner of a trade-mark registered in accordance with the provisions of this Act, by any circuit court of the United States, or by a judge thereof, may be served on the parties against whom such injunction may be granted anywhere in the United States where they may be found, and shall be operative, and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other circuit court, or judge thereof, in the United States, or by the supreme court of the District of Columbia, or a judge thereof. The said courts, or judges thereof, shall have jurisdiction to enforce said 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. L. 729.]

SEO. 21. [Restriction upon actions for infringement.] That no action or suit shall be maintained under the provisions of this Act in any case when the trade-mark is used in unlawful business, or upon any article injurious in itself, or which mark has been used with the design of deceiving the public in the purchase of merchandise, or has been abandoned, or upon any certificate of registration fraudulently obtained. [33 Stat. L. 729.]

SEC. 22. [Interference cases may be brought in equity courts.] That 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 trade-mark, and may order the certificate of registration to be delivered up to the Commissioner of Patents for cancellation. [33 Stat. L. 729.]

SEC. 23. [Former rights, etc., reserved.] That nothing in this Act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the provisions of this Act had not been passed. [33 Stat. L. 730.]

SEC. 24. [Pending applications may be amended.] That all applications for registration pending in the office of the Commissioner of Patents at the time of the passage of this Act may be amended with a view to bringing 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. L. 730.]

SEO. 25. [Fraudulent trade-marks.] That 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. L. 730.]

SEC. 26. [Regulations for registration.] That 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. L. 730.]

SEC. 27. [Importation of articles simulating domestic trademarks, etc., forbidden-regulations. See IMPORTS AND EXPORTS, ante, p. 115.]

SEC. 28. [Notice of registration on articles, and to infringers.] That 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. L. 780.]

SEC. 29. [Rules of construction.] That 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 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. L. 731.]

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SEC. 30. [In effect — repeal.] That 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 eighty-two, entitled "An Act relating to the registration of trade-marks." [33 Stat. L. 731.]

TRADE UNIONS, COMBINATIONS, AND TRUSTS.

Exemptions for Witnesses Testifying in Proceedings, see INTERSTATE COM-
MERCE, ante, p. 170.
Precedence Given to Anti-Trust Cases, see JUDICIARY, ante, p. 199.

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TREASURY DEPARTMENT.

Act of Feb. 3, 1905, ch. 297, 417.

Sec. 1. Auditing Accounts of Isthmian Canal Commission, 417.
Act of March 2, 1905, ch. 1307, 417.

Credit for Deductions for Loss of or Injury to Military Stores in
Transit, 417.

CROSS-REFERENCES.

Transfer of Duties, see COMMERCE AND LABOR, ante, p. 58.

Auditing of Accounts of Department of Commerce and Labor, see COMMERCE AND LABOR, ante, p. 59.

Public Health and Marine Hospital Service, see HEALTH AND QUARANTINE, ante, p. 94.

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[SEC. 1.] [Auditing accounts of Isthmian Canal Commission.] Hereafter the accounts for the Isthmian Canal Commission shall be audited by the Auditor for the War Department. [33 Stat. L. 647.]

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This is from the Legislative, Executive, and Judicial Appropriation Act of Feb. 3, 1905, ch. 297.

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[SEC. 1.] [Credit for deductions for loss of or injury to military stores in transit.] Hereafter moneys arising from deductions made from carriers on account of the loss of or damage to military stores in transit shall be credited to the proper appropriation or funds out of which such or similar stores shall be replaced [33 Stat. L. 840.]

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This is from the Army Appropriation Act of March 2, 1905, ch. 1307.

10 F. S. A.— 27

417

Volume X.

WAR DEPARTMENT AND MILITARY

ESTABLISHMENT.

The Department of War, 420.

Act of Feb. 3, 1905, ch. 297, 420.

Sec. 1. Skilled Draftsmen, etc., in Office of Chief of Ordnance, 420. Act of March 2, 1905, ch. 1307, 420.

Sec. 1. Detail of Civilians, 420.

Act of March 2, 1903, ch. 975, 421.

Sec. 1. Transport Service Not to Be Discontinued, 421.

Act of March 2, 1905, ch. 1307, 421.

Sec. 1. Sale of Transports Restricted, 421.

Act of April 23, 1904, ch. 1485, 421.

Sec. 1. Military Secretary's Department Established - Merger of
Adjutant-General's Department and Record and Pension
Office Rank Appointments, 421.

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No Officer to Be Deprived of Commission, etc., 422.

Act of April 27, 1904, ch. 1630, 422.

Sec. 1. Appropriations, etc., for Adjutant-General's and Record and
Pension Offices Transferred, 422.

Act of March 2, 1905, ch. 1307, 422.

Sec. 1. Assistant Chief of Record and Pension Office - Appointment —
Title, 422.

Res. of April 28, 1904, No. 35, 422.

Records of Indian Wars, etc., Transferred to War Department, 422.

Act of Feb. 25, 1903, ch. 755, 423.

Sec. 1. Roster of Union and Confederate Armies to Be Compiled, 423. Organization of the Army, 423.

Act of Feb. 14, 1903, ch. 553, 423..

Sec. 1. General Staff Corps Established, 423.

2. Duties, 423.

3. Composition-Term of Service - Temporary Assignments,

423.

4. Duties of Chief of Staff, 423.

5. Chief of Artillery as Additional Member - Rank, Pay, etc. — Number of Artillery Colonels Limited, 424.

Act of Feb. 3, 1905, ch. 297, 424.

Sec. 1. Civilian Detail to or from General Staff Forbidden, 424.

Act of March 2, 1903, ch. 975, 424.

Sec. 1. Artillery Corps - Master Electricians, 424.

R. S. 111. Military Academy Band, 424.

Act of March 2, 1903, ch. 975, 425.

Sec. 1. Enlistment of Citizens of Porto Rico - Porto Rico Provisional
Regiment Muster-Out of Volunteer Officers, 425.

Act of April 23, 1904, ch. 1485, 425.

Sec. 1. Porto Rico Provisional Regiment-Composition - Vacancies -
Enlistments, Pay, etc., 425.

Act of April 21, 1904, ch. 1404, 426.
Sec. 1. Promotion of Chaplains, 426.
2. Official Title, 426.

3. Effect of Act, 426.
4. Repeal, 426.

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