Page:United States Statutes at Large Volume 33 Part 1.djvu/816

F IFTY-EIGHTH CONGRESS. Sess. III. Ch. 592. 1905. 729 jurisdiction of all suits at law or in equity respecting trade—marks registered in accordance with the provisions of this Act, arising under the present Act, without regard to the amount in controversy. ' Sec. 18. That writs of certiorari may be granted by the Supreme Raviewbysvrreme Court of the United States for the review of cases arising under this Cm"' Act in the same manner as provided for patent cases by the Act creating the circuit court of appeals. . Sec. 19. That the several courts vested with jurisdiction of cases xnjimcum. arisilnlg under the present Act shall have power to grant injunctions, acco ing to the course and principles of equity, to prevent the violation of any right of the owner of a trade-mark registered under this . Act, on such terms as the court may deem reasonable; and upon a decree being rendered in any such ease for wrongful use of a trademark the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or . _ cause the same to be assessed under its direction. The court shall have A¤¤¤¤¤¤¤¤¤¢ ¤f damthe same power to increase such damages, in its discretion, as is given °g°°' by section sixteen of this Act for increasing damages found by verdict in actions of law; and in assessing profits the plaintiff shall be required _ to prove defendant’s sales only; defendant must prove all elements of cog which arr; claimed. I h h md k Dm do of nc. 20. at in an case invo ving the rig t to at e-mar re is- ,,,,,,,,'{‘,f,,,,,jf ,,c_““' tered in accordance with the provisions of this Act, in which the virdict haslbeenhafoufjdlaflptpti the p aintiif, or an injunction issued, the court ma or er t t a s, signs, rints, packages, wrappers, or rece _ taciles in the possession of the cfdfendant, bearing the trade-mark Ei the plaintif or complainant, or any reproduction, counterfeit, copy, or colorable imitation thereof, shal be delivered pp and destroyed. An injunction that may be granted upon hearing, ter notice to the semce or procem. defgndant, to prevent the violation of any right of the owner of a trademark registered in accordance with the provisions of this Act, by any circuit court of the United States, or by a judge thereof, may be served on the rties against whom such injunction may be ranted anywhere in the United States where they may be found, and §'\8ll be operative, and may be enforced by plroceedings to punish for contempt, or otherwise. by the court by whic such injunction was dgranted, or by any other circuit court, or judge thereof, in the Unite States, or bv the supreme court of the District of Columbia, or a judge thereof. The said courts, or judges thereof, shall have jurisdiction to enforce “Enforcin¤ inJu¤<·- said injunction, as herein provided, as fully as if the injunction had °"”‘ been granted»by the circuit court in which it is sought to be enforced. The clerk of t c court or judge granting} the injunction shall, when <>¤gIl¤¤¤ ¤·>r¤~·¤ af required to do so by the court before whic application to enforce said °°°° ` injunction is made, transfer without delay to said court a certiiied copy of all the papers on which the said injunction was granted that are on tile in his office. Sno, 21. That no action or suit shall be maintained under the pro- m§,°},§§*f,§‘,f,,!},‘,;P,;’,;§,‘{j visions of this Act in any case when the trade-mark is used in unlawful R-S..¤¤¤-4943. xwét- business, or upon any article injurious in itself, or which mark has been used with the design of deceiving the public in the purchase of merchandise, or has been abandoned, or upon any certificate of registration fraudulently obtained. _ _ _ _ Src. 22. That wheneyer there are mtcrfering registered trade-marks, wgggggvggjlegsgg; anv person interested m any one of th_em may have relief againstthe enum. interfering registrant, and all persons interested under him, by suit in equity against the said registrant; and the court, on notice to adverse parties and other due proceedings had according to the course of equity, may adjudge and declare either of the registrations void in