was notified of the registration and of his infringement thereof and that he continued after such notice to make or vend the product bearing the registered design, or that failure to mark was merely occasional and inadvertent, in no wise affecting the general notice intended by the accustomed marking. Any person who, with fraudulent intent, falsely marks such an article for the purpose of deceiving the public shall be liable for every such offense to a penalty of $100 with costs.

Sec. 15. The district and territorial courts of the United States and its insular possessions, including the courts of first instance of the Philippine Islands and the Supreme Court of the District of Columbia, shall have original jurisdiction, and the circuit court of appeals of the United States, the Court of Appeals of the District of Columbia, and the Supreme Court of the Philippine Islands shall have appellate jurisdiction of all suits at law or in equity respecting designs registered in accordance with the provisions of this Act.

Sec. 16. 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 in the Judicial Code as amended by the Act of September 6, 1916.

Sec. 17. The several courts vested with jurisdiction of cases arising under this Act shall have power to grant injunctions, according to the course and principles of equity, to prevent the infringement of rights secured by registration under this Act, on such terms as the court may deem reasonable, and upon a decree being rendered in any such case for wrongful use of a design, the complainant shall be entitled to recover the profits to be accounted for by the defendant and the damages to be assessed by the court or under the direction of the court. The courts shall have power within their discretion to increase the damages to treble the amount assessed, and in cases where the plaintiff may so request, or where from the record it is apparent to the court that an accounting would not find damages or profits to exceed

$100, the court may dispense with an accounting and may hold the defendant liable to pay to the plaintiff not less than $100 nor more than $250, or if upon proof the copying complained of be shown to be without knowledge or notice of the copyright the courts may dispense with any recovery of profits and damages. In any suit or action brought for the infringement of any copyright registered hereunder there shall be no recovery of profits or damages or other relief granted for any infringement committed more than six years before the filing of the bill of complaint or the issuing of the writ in such suit or action.

Sec. 18. In any action or suit for infringement of copyright in a design registered under this Act, upon judgment for complainant, the court may order all infringing articles, products, or parts disposed of in a manner which shall be just as between the parties, and all dies, models, and devices useful only in producing the infringing article, and all labels, prints, or advertising matter relating to the infringing article, to be delivered up and destroyed or otherwise disposed of.

Sec. 19. After adjudication and the entry of a final decree by any court in any action brought under this Act any of the parties thereto may upon payment of the legal fees, have the clerk of the court prepare a certified copy or copies of such decree, or of the record, or any part thereof, and forward the same to any of the designated courts of the United States, and any such court to which such copy or copies may be forwarded under the provisions of this section shall forthwith make the same a part of its record; and any such record, judgment, or decree may thereafter be made, as far as applicable, the basis of an application to that court for injunction or other relief by any court in which such copies shall have been recorded; and in the preparation of such copies the printed copies of the record of either party on file with the clerk may be used without charge other than for the certificate. When the necessary printed copies are not on file with the clerk either party may file copies which shall be used for the purpose, and in such cases the clerk

shall be entitled to charge a reasonable fee for comparing such copies with the original record before certification and for certifying the same.

Sec. 20. Any person who shall register a design under this Act knowing that the design is not an original work of authorship of the person, named as author in the application, or who shall bring an action or suit under a certificate of registration produced for a design known by the registrant or by the plaintiff to be not such an original work of authorship, of the person named as author in the application, shall, when party to a suit or action under such registration, and upon due showing of such knowledge, be liable in the sum of $500, or such part thereof as the court may determine, to be charged against the plaintiff and paid to the defendant in addition to the customary costs.

Sec. 21. In any action or suit for the infringement of a design registered under this Act the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial that the plaintiff's claim is invalid.

Sec. 22. Any registration made for the extension of the term of copyright in any design under the provisions of section 7 of this Act shall be held to be invalid and all injunctions thereunder shall automatically cease if the owner or all those acting for him and in his behalf shall for any period of two years after the beginning of such extension term fail to sell or otherwise dispose of articles embodying or containing the registered design.

Sec. 23. In an action or suit for infringement of copyright in a design registered under this Act there shall be a presumption of originality in the registered design and presumption of copying from substantial resemblance to the registered design in defendant's design.

Sec. 24. After the registration of a design shall have been adjudged invalid and a judgment or decree shall have been entered for the defendant the clerk shall forward a certified copy of such judgment or decree to the

register of copyrights, who shall forthwith make the same a part of the records of the Copyright office.

Sec. 25. Registration under this Act shall not constitute any waiver or abandonment of any trade-mark rights in the design registered.

Sec. 26. The following sections of the United States. Revised Statutes are hereby repealed: Section 4929, as amended by the Act of May 9, 1902; section 4930 and 4931; and in section 4934, as amended by the Act of February 18, 1922, the following words: "In design cases: For three years and six months, $10; for seven years, $15; for fourteen years, $30": Provided, however, That notwithstanding the four months limitation in the proviso to section 1 of this Act, an applicant who has duly filed in the Patent Office an application for a design patent and whose application has not become abandoned when this Act goes into effect shall within six months after this Act goes into effect elect to demand a design patent which may be granted him as if the sections herein repealed were still in effect; or, to file an application for registration of said design under this Act, or two or more applications in different classes, if the design as disclosed in said application is entitled to registration in such different classes, as a continuation of and substitute for said application for a design patent, and to obtain copyright protection therefor under the provisions of this Act: And provided further, That each registration pursuant to this section shall have the same force and effect as if the application therefor had been filed on the day of the filing of the application for design patent. Except as above provided in this section no copyright registration of a design under the provisions of this Act shall be valid if the certificate of registration shall have been issued to an author or proprietor to whom or to whose assignee shall have been previously issued a design patent in this country for the same design.

Sec. 27. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for clerical service, office equipment, sta

tionery and supplies, for carrying into effect this Act, for the fiscal year ending June 30, 1926, $50,000, and thereafter such sums as Congress may deem necessary, to be expended by the Librarian of Congress.

Sec. 28. The Librarian of Congress shall annually submit estimates in detail for all expenses of carrying this Act into effect, and he is hereby authorized to appoint such subordinate assistants to the register of copyrights as shall be necessary for the prompt and efficient execution of the work involved.

Sec. 29. This act shall go into effect on July 1, 1925.

COPYRIGHT REGISTRATION OF DESIGNS

FEBRUARY 19, 1925.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. VESTAL, from the Committee on Patents, submitted the following

REPORT

[To accompany H. R. 12306]

The Committee on Patents, to which was referred the bill (H. R. 12306), to authorize copyright registration of designs, having had the same under consideration, reports the bill to the House without amendment and recommends that the same do pass.

The purpose of this bill is to encourage and promote the production of artistic designs in the United States by furnishing adequate protection against piracy for artistic articles of manufacture. The design patents act has long been admittedly insufficient for these purposes; first because of the cumbersome provisions which it contains for search and examination as to novelty and