Page:United States Statutes at Large Volume 60 Part 1.djvu/467

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PUBLIC LAWS-CH. 540-JULY 5, 1946 Ante, pp.43637 . the provisions of sections 29 and 31 (1) (b), and subject to the prin- ciples of equity, to recover (1) defendant's profits, (2) any damages sustained by the plaintiff, and (3) the costs of the action. The court shall assess such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, not exceeding three times such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty. plates,t of prints SEC. 36. In any action arising under this Act, in which a violation of any right of the registrant of a mark registered in the Patent Office shall have been established, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the pos- session of the defendant, bearing the registered mark or any reproduc- tion counterfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, and other means of making the same, shall be delivered up and destroyed. Powers ofcourt. SEC. 37. In any action involving a registered mark the court may determine the right to registration, order the cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action. Decrees and orders shall be certified by the court to the Commissioner, who shall make appropriate entry upon the records of the Patent Office, and shall be controlled thereby. Registration by SEC. 38. Any person who shall procure registration in the Patent false means. Office of a mark by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable in a civil action by any person injured thereby for any damages sustained in consequence thereof. Courts havng org- SEC. 39 . The district and territorial courts of the United States inal and appellate jurisdictions. shall have original jurisdiction, the circuit courts of appeal of the United States and the United States Court of Appeals for the District of Columbia shall have appellate jurisdiction, of all actions arising under this Act, without regard to the amount in controversy or to diversity or lack of diversity of the citizenship of the parties. wHitsofertiorar. SEC. 40. Writs of certiorari may be granted by the Supreme Court of the United States for the review of cases arising under this Act in the same manner as provided for in cases under the patent laws. tRule and regula- SEC. 41. The Commissioner shall make rules and regulations, not inconsistent with law, for the conduct of proceedings m the Patent Office under this Act. TITLE VII-IMPORTATION FORBIDDEN OF GOODS BEARING INFRINGING MARKS OR NAMES Sea. 42 . That no article of imported merchandise which shall copy or simulate the name of the any domestic manufacture, or manufac- turer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States, or which shall cop or simulate a trade-mark registered in accordance with the provisions of this Act or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United 440 [60 STAT.