flicted upon those who infringe the rights of those who file such labels, marks, names, brands or devices.

SECTION 2216, Kentucky Statutes, provides that the county inspector of oils and fluids shall be gauger of petroleum, oils, lubricating oils, naphtha and turpentine, and it provides that such inspector shall brand or mark all barrels or casks gauged by him by placing thereon, his name, official character, capacity of the package, etc.

SECTION 1279-1, Kentucky Statutes, provides that all persons and corporations engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, compounds, or mixtures in bottles, siphons, tins, or kegs, with his, her, its or their name or names, or other marks or devices, branded, stamped, engraved, etched, blown, impressed or otherwise produced on such bottles, siphons, tins, kegs, or boxes used by him, her, it or them, may file in the office of the county court clerk of the county in which the principal place of business is situated. Or if such person or persons, corporation or corporations shall manufacture a bottle out of this state, then the filing shall be in any county in this state, and also in the office of the Secretary of State a description of the name or names, marks or devices so used. Such description shall be printed once in each week for three successive weeks, in a newspaper published in the county in which said notice may have been filed as aforesaid. Of course, manufacturing and handling porter, ale, beer, cider or other beverages are now prohibited by the prohibition laws of the state and nation.

Excepting the foregoing provisions there is no law in Kentucky authorizing the registration of brands, trademarks, devices, labels, etc.

Anyone receiving a copy of this circular may treat it as an answer to inquiries made on this subject, and anyone who has forwarded to this office an application for the registration of trademark, label, brand or device, will have returned to them such application together with check for filing fee, and a copy of this circular of explanation.

Very truly yours,

FRED A. VAUGHAN,

Secretary of State.

The following form has been prescribed for application for registration under sec. 4749:

Be it remembered,

That the

to-wit:

has adopted the following label, mark, name, brand or device, which is intended to designate the products of the labor of members of said ; and hereby files duplicate copies thereof in the office of the Secretary of State, pursuant to the provisions of Section 4749, Chapter 130, Kentucky Statutes, title "Union and Labor Associations."

Witness the signature of the President, Secretary and Treasurer, and the corporate seal of the said

this

day of

19-.

LOUISIANA.

Act No. 49 of 1898.

AN ACT to protect labels, trademarks, terms, designs, devices or forms of advertisement, and to provide a penalty for violation thereof. SECTION 1. Be it enacted by the General Assembly of the State of Louisiana: Whenever any person, or any association or union of workmen, has heretofore adopted or used or shall hereafter adopt or use and label, trademark, term, design, device. or form of advertisement for the purpose of designating, making

known, or distinguishing any goods, wares, merchandise or other product of labor, as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of workingmen or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trademark, term, design, device or form of advertisement, or to use, sell, offer for sale or in any way utter or circulate any counterfeit or imitation of any such label, trademark, term, design, device or form of advertisement.

SECTION 2. Be it further enacted, etc., Whoever counterfeits or imitates any such label, trademark, term, design, device or form of advertisement; or sells, offers for sale or in any way utters or circulates any counterfeit or imitation of any such label, trademark, term, design, device or form of advertisement; or keeps or has in his possession with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which or on which any such counterfeit or imitation is printed, painted, stamped or impressed; or knowingly sells or disposes of any goods, wares, merchandise or other products of labor contained in any box, case, can or package, to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed; or keeps or has in his possession with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months.

SECTION 3. Every such person, association or union that has heretofore adopted or used, or shall hereafter adopt or use, a label, trademark, term, design, device or form of advertisement as provided in section 1 of this act, may file the same for record in the office of the Secretary of State by leaving two copies, counterparts or fac-similes thereof, with said Secretary and by filing therewith a sworn application specifying the name or names of the person, association or union on whose behalf such label, trademark, term, design, device, or form of advertisement shall be filed; the class of merchandise and a description of the goods

to which it has been or is intended to be appropriated, stating that the party so filing or on whose behalf such label, trademark, term, design, device or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the fac-simile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said Secretary shall deliver to such person, association or union so filing or causing to be filed any such label, trademark, term, design, device or form of advertisement so many duly attested certificates of the recording of the same as such person, association or union may apply for, for each of which certificates said Secretary shall receive a fee of one dollar. Any such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trademark, term, design, device or form of advertisement. Said Secretary of State shall not record for any person, union or association any label, trademark, term, design, device or form of advertisement that would probably be mistaken for any label, trademark, term, design, device or form of advertisement heretofore filed by or on behalf of any other person, union or association.

SECTION 4. Any person who shall for himself or on behalf of any other person, association or union procure the filing of any label, trademark, term, design, device or form of advertisement in the office of the Secretary of State under the provisions of this act, by making any false or fraudulent representations or declarations, verbally or in writing or by any fraudulent means, shall be liable to pay any damage sustained in consequence of any such filing to be recovered by or on behalf of the party injured thereby in any court having jurisdiction and shall be punished by a fine not exceeding one hundred dollars or by imprisonment not exceeding three months.

SECTION 5. Every such person, association or union adopting or using a label, trademark, term, design, device or form of advertisement as aforesaid may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeits or imitations thereof, and all courts of competent jurisdiction shall

grant injunctions to restrain such manufacture, use, display or sale and may award the complainant in any such suit damages resulting from such manufacture, use, sale or display as may be by said court deemed just and reasonable, and shall require the defendants to pay to such person, association or union all profits derived from such wrongful manufacture, use, display or sale; and such court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to an officer of the court, or to the complainant, to be destroyed.

SECTION 6. Every person who shall use or display the genuine label, trademark, term, design, device or form of advertisement of any such person, association or union in any manner, not being authorized so to do by such person or association, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union on behalf of and for the use of such association or union.

SECTION 7. Any person or persons who shall in any way use the name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.

SECTION 8. This act shall take effect and be in force from and after its passage.

Approved July 8, 1898.

Louisiana. For discussion of award of damages for infringement of a trademark registered under Act 49 of 1898, see CocaCola Co. v. Vivian Ice, Light & Water Co., 150 La. 445, 90 So. Rep. 755.

FORM FOR APPLICATION FOR REGISTRATION.

To all whom it may concern:

Be it known, That

of the State of

a corporation organized under the laws domiciled in the City of -, County of

and doing business in said city and county, has adopted for its use a trademark for of which three copies, counterparts or facsimiles,