obstructing

and every person who shall interfere with, or obstruct penalty for or resist, any such agent in the discharge of his duty, agent. shall, upon conviction, be fined not less than five nor more than fifty dollars or imprisoned in the county jail not more than thirty days.

powers and

4. When any person arrested is, at the time of such Further arrest, in charge of any vehicle drawn by or contain- duties of ing any animal cruelly treated, such agent may take agent. charge of such animal and of such vehicle and its contents, and of the animal or animals drawing the same, and shall give notice thereof to the owner, if known, and shall care and provide for them until their owner shall take charge of the same; and such Society shall lien, and have a lien on said animals and on said vehicle, and its contents, for the expenses of such care and provision, or such expenses or any part thereof remaining unpaid may be recovered by such Society in a civil action.

for what.

5. Any such agent may lawfully take charge of any Same subject. animal found abandoned, neglected, or cruelly treated, and shall thereupon give notice therof to the owner, if konwn, and may care and provide for such animal until the owner shall take charge of the same, and the expense of such care and provision shall be a charge against the owner of such animal, collectable from such owner by the said Society, in an action therefor.

destroy; what

6. Any such agent may lawfully destroy or cause Agent may to be destroyed any animal in his charge, when in animals. the judgment of such agent and by the written certificate of two reputable citizens called to view the same in his presence, one of whom may be selected by the owner of said animal, if he shall so request, and who shall give their written certificate, that such animal appears to be injured, disabled, diseased past recovery or unfit for any useful purpose.

7. When said Society shall provide any neglected Society: may provide food, or abandoned animal with proper food, shelter and etc.; lien for. care, it shall have a lien upon such animal for the expense thereof, and such expense shall be charged against the owner of said animal and collectable from said owner in an action therefor.

of lien, how.

8. The said Society or any person or corporation Enforcement entitled to a lien under any of the provisions of this act may enforce the same by selling the animals and other personal property upon which such lien is given, at public auction, upon giving written notice to the

owner, if he be known, of the time and place of such sale, at least five days previous thereto, and by posting three notices of the time and place of such sale in three public places within the county, at least five days previous thereto; and if the owner be not known, then such notice shall be posted at least ten days previous to such sale.

Union labels and trade marks authorized.

(House Bill No. 57.)

CHAPTER 5.

AN ACT providing for the protection of Union Labels and Trade Marks.

[Passed February 21, 1901. In effect 90 days from passage. Approved February 23, 1901.]

Be it enacted by the Legislature of West Virginia:

1. Whenever any person, firm or corporation, or any association or union of workingmen, has heretofore adopted or used, or shall hereafter adopt or use any label, trademark, 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, firm, corporation or association or union of workingmen, or by a member or members -must regis of such association or union, and shall register the same as provided in section three of this act, it shall be unlawful to knowingly counterfeit or imitate such label, trade mark, term, design, device or form of advertisement, or to knowingly 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.

ter same.

-unlawful to counterfeit.

Counterfeit

ing, etc., such labels and

same.

Whoever so knowingly counterfeits or imitates any such registered label, trade mark, term, design, trade marks, device or form of advertisement; or knowingly sells, and using or offers for sale, or in any way utters or circulates any counterfeit or imitation of any such registered label, trade mark, term, design, device or form of advertisement; or knowingly keeps or has in his possession, with intent that the same shall be sold or dis

posed 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 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 keeps or has in his posession, 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, -how punstamped or impressed, shall be punished by a fine of ished. not more than five hundred dollars or by imprisonment for not more than three months, or by both such fine and imprisonment.

trade marks,

where.

cation must

3. Every such person, firm, corporation, associa- Register of tion or union that has heretofore adopted or used, etc; how and 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 register the same by filing the same for record in the office of the secretary of State by leaving two copies, counterparts or fac similies therof, with said secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on what appliwhose behalf such label, trade mark, term, design, contain. device or form of advertisement, 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 the right to the use of the same; 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 similes or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association, -secretary of or union, so filing or causing to be filed any such State to furlabel, trademark, term, design, device or form of ad- certifiates of vertisement so many duly attested certificates of the record. recording of the same as such person, firm, corporation, association or union may apply for, for each of

-fee for filing.

nish attested

-proof of, what.

-no trade

similar design

ed.

which certificates said secretary shall receive a fee of one dollar. Any such certificates of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such labels, trade marks. terms, designs, devices or form of advertisement. Said secretary of State shall not record for any per mark, etc.. of son, union, or association, any label, trade mark, term, to be record design, device or form of advertisement, that would probably be mistaken for any label, trade mark, term, design, device or form of advertisement theretofore filed by or on behalf of any other person, firm, corporation, union or association. But the said sectrade marks, retary shall file and record under this act any label, etc., previous trade mark, term, design, device or form of advertisement, which may have been previously filed by any person, firm, corporation or any association or union of workingmen, provided the person, firm, corporation, association or union seeking to file and record under this act is the same person, firm, corporation, association or union that previously filed or recorded the same label, trade mark, term, design. device or form of advertisement.

-shall record

ly filed.

Unlawful to

mark, etc., by false representation.

4. Any person who shall for himself, or on behalf obtain trade of any other person, firm, corporation, association or union, procure the filing of any label, trade mark, term, design or form of advertisement, in the office of the secretary of State under the provisions of this act, by making any known false or fraudulent representations, or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any for damages. damages sustained 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 also punish- punished by a fine not exceeding five hundred doland imprison- lars or by imprisonment not exceeding three months, or by both such fine and imprisonment.

-party of

fending liable

able by fine

ment.

Method of procedure for damages, for counterfeiting, etc.

5. Every such person, firm, corporation, association or union adopting or using any such registered label, trade mark, term, design, device or form of advertisement, as aforesaid, may proceed by suit for damages to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunetions to restrain such manufacture, use, display or sale, and award the complainant in any such suit -damages to damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just

be fixed by

court.

and reasonable, and shall require the defendants to pay such person, association or union, all profits derived from such wrongful manufacture, use, sale or display; and such court shall also order that all such -counterfeits counterfeits or imitations in the possession or under to be seized the control of any defendant in such cause be deliv-stroyed. ered to an officer of the court, or to the complainant, to be destroyed.

and de

etc., not to be

ized.

6. Every person, firm, corporation, association or Trade marks, union, who shall knowingly use or display the genu- displayed, unine label, trade mark, term, design, device or form of less authoradvertisement of any such person, firm, corporation, association or union when registered as aforesaid, im any mannner, not being authorized so to do by such person, firm, corporation, association or union, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than three misdemeanor; months or by a fine of not more than five hundred penalty. dollars. In all cases where such association or union -prosecuis not incorporated suits under this act may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use of such association or union.

-violation a

tions.

mark, etc.,

7. Any person, firm, corporation, association, or Unlawful to union, who shall in any way knowingly use the name use trade or seal of any such person, firm, corporation, asso- except by authority of ciation or union, or officer thereof, in and about owner. the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor -a misdeand shall be punished by imprisonment for not more alty. than three months or by a fine of not more than five hundred dollars.

meanor: pen

now existing

8. Nothing contained in this act shall be construed Rights at law as affecting or impairing any right or remedy at law not impaired. or in equity now existing for the protection of any label, trade mark, term, design, device or form of advertisement, whether or not the same is registered under the provisions hereof.