the-ordinances-of-the-legislative-counci-1890 — Page 606

570 ORDINANCE No. 8 OF 1863 .


Fraudulent Marking of Merchandise.


destroyed or otherwise disposed of; and in every such suit in a Court of
Law the Court shall or may upon giving judgment for the plaintiff award
a writ of injunction or injunctions to the defendant commanding him to
forbear from committing and not by himself or otherwise to repeat or
commit any offence or wrongful act of the like nature as that of which he
shall or may have been convicted by such judgment, and any disobedience

of any such writ of injunction or injunctions shall be punished as a con
tempt of Court ; and in every such suit at Law or in Equity it shall be
lawful for the Court or the Judge thereof to make such order as such
Court or Judge shall think fit for the inspection of every or any manufac
ture or process carried on by the defendant in which any such forged or
counterfeit trade mark , or any such trade mark as aforesaid , shall be
alleged to be used or applied as aforesaid, and of every or any chattel ,
article, and thing in the possession or power of the defendant alleged to
have thereon or in any way attached thereto any forged or counterfeit
trade mark, or any trade mark falsely or wrongfully applied , and every
or any instrument in the possession or power of the defendant used or
intended to be or capable of being used for producing or making any

forged or counterfeit trade mark, or trade mark alleged to be forged or
counterfeit, or for falsely or wrongfully applying any trade mark ; and
any person who shall refuse or neglect to obey any such order shall be
guilty of a contempt of Court.
Persons 22. In every case in which any person shall do or cause to be done
aggrieved by
forgeries may any of the wrongful acts following ; ( that is to say, ) shall forge or
recover
damages counterfeit any trade mark ; or for the purpose of sale, or for the purpose
against the
guilty parties. of any manufacture or trade, shall apply any forged or counterfeit trade
mark to any chattel or article, or to any cask, bottle, stopper, vessel , case,
cover, wrapper, band, reel , ticket, label, or thing in or with which any
chattel or article shall be intended to be sold or shall be sold or uttered

or exposed for sale, or for any purpose of trade or manufacture ; or shall

inclose or place any chattel or article in, upon, under, or with any cask,
bottle, stopper, vessel, case, cover, wrapper, band, reel , ticket, label, or

other thing to which any trade mark shall have been falsely applied , or
to which any forged or counterfeit trade mark shall have been applied ;
or shall apply or attach to any chattel or article, any case, cover, reel ,
wrapper, band, ticket, label , or other thing to which any trade mark
shall have been falsely applied , or to which any forged or counterfeit
trade mark shall have been applied ; or shall inclose, place, or attach any