the-ordinances-of-the-legislative-counci-1890 — Page 605

ORDINANCE No. 8 OF 1863 . 569


Fraudulent Marking of Merchandise.

After 31st
19. In every case in which at any time after the thirty-first day of
March, 1864.
March one thousand eight hundred and sixty-four any person shall sell vendor of an
article with a
or contract to sell (whether by writing or not) to any other person any trade mark to
be deemed to
chattel or article with any trade mark thereon , or upon any cask, bottle, contract that
the mark is
stopper, vessel, case, cover, wrapper, band, reel, ticket, lable, or other genuine.
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 truc, 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.
Vendor of an
20. In every case in which at any time after the thirty-first day of article with
March one thousand eight hundred and sixty-four any person shall sell description
upo n it of its
or contract to sell ( whether by writing or not ) to any other person any quantity to
be deemed to
chattel or article upon which, or upon any cask, bottle, stopper, vessel, contract that
the descrip
case, cover, wrapper, band, reel , ticket, label , or other thing together tion was true.
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.

21. In every case in any suit at Law or in Equity against any In suits at
Law or in
person for forging or counterfeiting any trade mark, or for fraudulently Equity
against
applying any trade mark, to any chattel or article, or for selling, exposing persons for
using forged
for sale, or uttering any chattel or article with any trade mark falsely or trade marks,
Court may
wrongfully applied thereto, or with any forged or counterfeit trade mark order article
to be
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 and may
award injune
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