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the filed statement as the particular description of goods to or by which the trade-mark has been or is intended to be appropriated. Osgood v. Rockwood, 11 Blatch. 310.

It is always a matter of discretion whether to issue an injunction or not in a trade-mark case. Tucker Manuf. Co. v. Boyington, 9 O. G. 455.

An alien who brings an action for a violation of his rights under a registered trade-mark need not allege the existence of a treaty between the United States and his country. Fils v. Sarrazin, 15 Fed. Rep. 489.

SEC. 4944 (Act of March 3, 1881, ch. 138, § 8, 22 Stat. 504). That no action or suit shall be maintained under the provisions of this act in any case where the trade-mark is used in any unlawful 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 under any certificate of registry fraudulently obtained.

SEC. 4945 (Act of March 3, 1881, ch. 138, § 9, 22 Stat. 504). That any person who shall procure the registry of a trade-mark, or of himself as the owner of a trademark or an entry respecting a trade-mark, in the office of the Commissioner of Patents, by a false or fraudulent representation or declaration, orally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered in an action on the case.

SEC. 4946 (Act of March 3, 1881, ch. 138, § 10, 22 Stat. 504). That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if the provisions of this act had not been passed.

Construction.

A person may maintain an action for infringement of a trade-mark, although it has not been recorded at the patent office, for a trade-mark is property independently of the statute. The act is not obligatory. It offers to manufacturers an opportunity to have their trade-marks recorded, but imposes no penalty or forfeiture of right for neglect to so record them. Rodgers v. Philp, 1 O. G. 29.

The recording of a trade-mark does not convey any higher rights than the owner had independently of the statute. Popham v. Wilcox, 14 Abb. Pr. (N. S.) 206.

SEC. 4947 (Act of March 3, 1881, ch. 138, § 11, 22 Stat. 504). That nothing in this act shall be construed as unfavorably affecting a claim to a trade-mark after the term of registration shall have expired; nor to give cognizance to any court of the United States in an action or suit between citizens of the same State, unless the trademark in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe.

SEC. 4947 A (Act of March 3, 1881, ch. 138, § 12, 22 Stat. 504). That the Commissioner of Patents is authorized to make rules and regulations and prescribe forms for the transfer of the right to use trade-marks and for recording such transfers in his office.

Construction.

A stipulation that any breach of the contract by one party shall release the other party from all obligation under the contract, merely enlarges the right of rescission, but does not enable the party to enjoy the fruits of the contract without compensation where he does not elect to rescind, if the stipulation so broken was not so essential to the contract but that the breach can be compensated by damages. Coe v. Bradley, 9 O. G. 541. When a licensee of a trade-mark is sued for the royalty, he is estopped from proving the invalidity of the trade-mark. Hilsen v. Libbey, 44 N. Y. Sup. 12.

SEC. 4947 B (Act of March 3, 1881, ch. 138, § 13, 22 Stat. 504). That citizens and residents of this country wishing the protection of trade-marks in any foreign country, the laws of which require registration here as a condition precedent to getting such protection there, may register their trade-marks for that purpose as is above allowed to foreigners, and have certificate thereof from the Patent Office.

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SEC. 4947c (Act of Aug. 5, 1882, ch. 393, 23 Stat. 298). That nothing contained in the law entitled "An act to authorize the registration of trade-marks and protect the same," approved March third, eighteen hundred and eighty-one, shall prevent the registry of any lawful trademark rightfully used by the applicant in foreign commerce or commerce with Indian tribes at the time of the passage of said act.

Sec.

CHAPTER THREE.

COPYRIGHTS.

4948. Copyrights to be under charge of librarian of Congress.

4949. Seal of office. 4950. Bond of librarian. 4951. Annual report.

4952. What publications may be entered for copyright.

4952A. Registration of prints and labels.

4953. Term of copyrights. 4954. Continuance of term.

4955. Assignment of copyrights and recording.

4956. Deposit of title and published copies.

4957. Record of entry and attested
copy.

4958. Fees.
4958A. Fee for recording and certify-
ing assignments.

4959. Copies of copyright works to
be furnished to librarian of
Congress.

Sec.

4960. Penalty for omission.
4961. Postmasters to give receipts.
4962. Publication of notice of entry
for copyright prescribed.
4962A. Copyright mark on designs.
4963. Penalty for false publication of
notice of entry.

4964. Damages for violation of copy-
right of books.

4965. For violating copyright of
maps, charts, prints, &c.
4966. For violating copyright of
dramatic compositions.
4967. Damages for printing or pub-
lishing any manuscript with-
out consent of author, &c.
4968. Limitation of action in copy-
right cases.

4969. Defences to action in copyright

cases.

4970. Injunctions in copyright cases. 4971. Aliens and non-residents not privileged.

SEC. 4948. All records and other things relating to copyrights and required by law to be preserved, shall be under the control of the librarian of Congress, and kept and preserved in the library of Congress; and the librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the joint committee of Congress on the library, shall perform all acts and duties required by law touching copyrights.

Statute Revised-July 8, 1870, ch. 230, § 85, 16 Stat. 212.
Prior Statute-February 5, 1859, ch. 22, 8, 11 Stat. 380.

SEC. 4949. The seal provided for the office of the librarian of Congress shall be the seal thereof, and by it all records and papers issued from the office and to be used in evidence shall be authenticated.

Statute Revised-July 8, 1870, ch. 230, § 85, 16 Stat. 212.

SEC. 4950. The librarian of Congress shall give a bond, with sureties, to the treasurer of the United States in the sum of five thousand dollars, with the condition that he will render to the proper officer of the treasury a true account of all moneys received by virtue of his office.

Statute Revised-July 8, 1870, ch. 230, § 85, 16 Stat. 212.

SEC. 4951. The librarian of Congress shall make an annual report to Congress of the number and description. of copyright publications for which entries have been made during the year.

Statute Revised-July 8, 1870, ch. 230, § 85, 16 Stat. 212.

SEC. 4952. Any citizen of the United States or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of the models or designs intended to be perfected as works of the fine arts, and the executors, administrators, or assigns of any such person shall, upon complying with the provisions of this chapter, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works.

Statute Revised-July 8, 1870, ch. 230, § 86, 16 Stat. 212.

Prior Statutes-May 31, 1790, ch. 15, § 1, 1 Stat. 124.-April 29, 1802, ch. 36, § 2, 2 Stat. 171.-February 3, 1831, ch. 16, § 1, 4 Stat. 436.—August 18, 1856, ch. 169, § 1, 11 Stat. 138.-March 3, 1865, ch. 126, § 1, 13 Stat. 540.

Aniend 1891

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