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posed of, any goods, wares, merchandise or
product of labor to which or on which any such coun-
terfeit or imitation is printed, painted, stamped or
impressed; or knowingly sells or disposes of any goods,
wares, merchandise or other product
other product of labor con-
tained 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 know-
ingly 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,
-how
fine of
stamped or impressed, shall be punished by a
ished.
not more than five hundred dollars or by imprisonment
for not more than three months, or by both such fine and
imprisonment.

pun

trade marks,

how

where.

-what

ap

must con

3. Every such person, firm, corporation, associa- Register of tion or union that has heretofore adopted or used, etc.; or shall hereafter adopt or use, a label, trade mark, and 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 facsimiles thereof, with said Secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on plication whose behalf such label, trade mark, term, design, tain. 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 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 facsimiles or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said fling. secretary shall deliver to such such person, association, or union, so filing or causing to be filed any such secretary label, trade mark, term, design, device or form of ad- furnish atvertisement SO many duly attested certificates of the tested certifrecording of the same as such person, firm, corpora- record. tion, association or union may apply for, for each of

or

-fee for

of State to

icates of

-proof of, what.

-no

mark, etc., of similar

design to

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. trade Said Secretary of State shall not record for any person, union or association, any label, trade mark, term, be recorded. 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, coror trade poration, union association. But the said secmarks, etc., retary shall file and record under this act any label, trade mark, term, design, device or form of advertisement, which may have been previously filed by any person, firm, corporation or anv 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

previously filed.

Unlawful to obtain trade mark, etc.,

fending. lia

or

4. Any person who shall for himself, or on behalf by false rep- of any other person, firm, corporation, association resentation. 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 repre-party of- sentations, or declaration, verbally or in writing, or ble for dam- by any fraudulent means, shall be liable to pay any 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 punished ishable by by a fine not exceeding five hundred dollars or by imprisonment not exceeding three months, or by both such fine and imprisonment.

ages.

-also pun

fine and im-
prison-
ment.

Method of

for dam

ages, for counter

feiting, etc.

tion

or

procedure 5. Every such person, firm, corporation, associaunion 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 injunc tions to restrain such manufacture, use, display or sale, and award the complainant in any such suit damages resulting resulting from such manufacture, use, sale or display, as may be by the said court deemed just

-damages

to be fixed by court.

such -counter

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

under feits to be seized and deliv- destroyed.

marks, etc.,.

displayed,

au

6. Every person, firm, corporation, association or Trade . union, who shall knowingly use or display the genu- not to be ine label, trade mark, term, design, device or form of unless advertisement of any such person, firm, corporation, thorized. association or union when registered as aforesaid, in any manner, not being authorized SO to do by such person, firm, corporation, association or union, shall be deemed guilty of a misdemeanor and shall be pun-violation ished by imprisonment for not more than three meanor; 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.

a

tions.

or Unlawful

to use

asso- etc., except by authority about of owner.

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

authorized

any

meanor;

law now ex

impaired.

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

Hedge

fences; how

kept.

(Senate Bill No. 74.)

CHAPTER 6.

AN ACT in relation to division hedge fences.

[Passed February 21, 1901. In effect 90 days from passage.
Feb. 22, 1901.]

Be it enacted by the Legislature of West Virginia:

Approved

1. That all hedge fences along public roads or divistrimmed and ion hedge fences between farms, or on any land or premises, shall be kept trimmed so that their branches shall not extend into the public road or upon the iands of an adjoining owner, more than eighteen inches over the dividing line: For failure to keep the hedge fence so trimmed, after ten days' notice in writing by the county surveyor of public roads, or by parties owning land or premises adjoining said hedge fence, on conviction before a justice of the peace, the owner shall be guilty of a misdemeanor and fined not exceeding one dollar for each day said fence shall remain untrimmed, after the ten days' notice expires.

Law in conflict repealed.

2. All laws in conflict with this act are hereby repealed.

Unlawful to catch or de

(Senate Bill No. 12.)

CHAPTER 7.

AN ACT for the further protection of fish in private

waters, and for the
sons owning lands

runs.

protection of the rights of peron which are springs, brooks or

[Passed February 21, 1901. In effect 90 days from passage. Approved February 22, 1901.]

Be it enacted by the Legislature of West Virginia :

1. That it shall be unlawful to catch or destroy, or

stroy fish; attempt to catch or destroy, any fish in or from any in what spring, brook, or run, the property of any individual, to drain, or attempt to drain, any dam, pool, or pond, in any such spring, brook, or run, except with

waters.

-draining

pond, etc.

the consent of the

as to erec

sons desires

owner of such spring, brook or run: provided, that the owner, or person in control proviso of such spring, brook, or run, or any part thereof, over tion of which he desires the protection of this act, shall have signs, if persigns at least one foot square erected at such spring protection. or along such brook, or run, on which signs shall be the words, "No fishing or trespassing allowed here," and the name of the persons owning, or in control of, the property; which signs shall not be less than three in number, placed as nearly as may conveniently be about equi-distant from each other, and in case brook or run, one at or near the point where the same enters, and another at or near the point where it leaves, the land of the person desiring to avail himself of the protection of this act.

a

violations.

2. Any person violating the first section of this act Penalty for shall be guilty of a misdemeanor, and shall for each offence be fined not less than ten dollars, nor more than fifty dollars, and may, at the

discretion of the

-penalty offence.

justice or court trying the case, be confined in jail, not exceeding two months; and where any person is for second convicted the second time for violating the first section of this act, the court or justice before whom such second conviction is had, shall require him to enter into recognizance with good security, in a penalty of not less than one hundred dollars, for his good behavior for one year; or if he fail to give such security, commit him to jail for one month, unless it be, -forfeiture sooner given. Such recognizance recognizance shall be forfeited of recogniif such person again violate the first section of this act when. within the year.

zance;

deemed

along, any such When property of, or guilty of has erected or this act. provided for,

3. If any person be found in, on or spring, brook, or run, where it is the under the control of, the person who has had erected signs as hereinbefore with any fish, or any line, rod, net, bait, or other plement used in fishing, this shall be deemed prima facie evidence that he has violated the first section of this

act.

im

violation

of

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