ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
19. In every case in which at any time after the thirty-first day of March one thousand eight hundred and sixty-four any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article with any trade mark thereon, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or contracted to be sold, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that every trade mark upon such chattel or article, or upon any such cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing as aforesaid, was genuine and true, and not forged or counterfeit, and not wrongfully used, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee.
20. In every case in which at any time after the thirty-first day of March one thousand eight hundred and sixty-four any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article upon which, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or contracted to be sold, any description, statement, or other indication of or respecting the number, quantity, measure, or weight of such chattel or article, or the place or country in which such chattel or article shall have been made, manufactured, or produced, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that no such description, statement, or other indication was in any material respect false or untrue, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee.
Page 569
March, 1864,
After 31st. vendor of an article with a trade mark to contract that the mark is genuine.
Vendor of an article with a description of its quantity to contract that the description was true.
In suits at Law or in Equity against persons for using forged trade marks, Court may order article to be destroyed, &c.
21. In every case in any suit at Law or in Equity against any person for forging or counterfeiting any trade mark, or for fraudulently applying any trade mark to any chattel or article, or for selling, exposing for sale, or uttering any chattel or article with any trade mark falsely or wrongfully applied thereto, or with any forged or counterfeit trade mark applied thereto, or for preventing the repetition or continuance of any wrongful act, or the committal of any similar act, in which the plaintiff shall obtain a judgment or decree against the defendant, the Court shall have power to direct every such chattel and article to be destroyed, and may award injunction to be...
ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
19. In every case in which at any time after the thirty-first day of March one thousand eight hundred and sixty-four any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article with any trade mark thereon, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, lable, or other thing together with which such chattel or article shall be sold or con- tracted to be sold, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that every trade mark upon such chattel or article, or upon any such cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, lable, or other thing as aforesaid, was genuine and true, and not forged or counterfeit, and not wrongfully used, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee.
20. In every case in which at any time after the thirty-first day of March one thousand eight hundred and sixty-four any person shall sell or contract to sell (whether by writing or not) to any other person any chattel or article upon which, or upon any cask, bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, label, or other thing together with which such chattel or article shall be sold or contracted to be sold, any description, statement, or other indication of or respecting the number, quantity, measure, or weight of such chattel or article, or the place or country in which such chattel or article shall have been made, manufactured, or produced, the sale or contract to sell shall in every such case be deemed to have been made with a warranty or contract by the vendor to or with the vendee that no such description, statement, or other indication was in any material respect false or untrue, unless the contrary shall be expressed in some writing signed by or on behalf of the vendor, and delivered to and accepted by the vendee.
569
March, 1864,
After 31 st. vendor of an trade mark to contract that genuine.
article with a
be deemed to
the mark is
article with
Vendor of an description quantity to contract that tion was true.
upon it of its
be deemed to
the descrip
In suits at Law or in
Equity persons for
against
using forged trade marks, Court may order article
21. In every case in any suit at Law or in Equity against any person for forging or counterfeiting any trade mark, or for fraudulently applying any
trade mark, to any chattel or article, or for selling, exposing for sale, or uttering any chattel or article with any trade mark falsely or wrongfully applied thereto, or with any forged or counterfeit trade mark applied thereto, or for preventing the repetition or continuance of any destroyed, such wrongful act, or the committal of any similar act, in which the plaintiff shall obtain a judgment or decree against the defendant, the tion, &c. Court shall have power to direct every such chattel and article to be
to be
and may award injunc-
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