Page:United States Statutes at Large Volume 21.djvu/534

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5o4 FORTY·SHTH CONGRESS. Sess. HI. Ch. 138, 139. 1881, Coimterfeitiug, same to merchandise of substantially the sarnedescriptive properties as ¤t¤H ¥°31¤l>°*°d those described in the registration, shall be liable to an action on the _m‘ °`m""kS‘ case for damages for the wrongful use of said trade—mark, at the suit of the owner thereof , and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of such trade-mark used in foreign commerce or commerce with Indian tribes, as aforesaid, and to recover compensation therefor in any court having Uviwi S*¤’¤_6¤ jurisdiction over the person guilty of such wrongihl act; and courts of mp3 l"" J“' the United States shall have original and appellate jurisdiction in such .cases without regard to the amount in controversy. Itestriction upon Sec. 8. That no action or suit shall be maintained under the provisions °·‘E°l°“*’ f" ‘¤· of this act in any case when the trademark is used in any unlawful m"g°m°°t‘ 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. F I 3, u d u 1 6 H 1, Sec. 9. That any person who shall procure the registry of a trade-mark, trademarks. or of himself as the owner of a trade-mark or an entry respecting a trademark, 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 Former rights Sec. 10. That nothing in this act shall prevent, lessen, impeach, or °·¤d r°m°<l*°¤ Pm avoid any remedy at law or in equity which any party aggrieved by “°"°d‘ any wrongful use of any trade-mark might have had if the provisions of this act had not been passed. _ Saving as to Sec. 11. That nothing in this act shall be construed as uniavorably rights ***6* <>KPi· affecting a claim to a trade-mark after the term of registration shall have QEQQ °§ tiafdfgi expired, nor to give cognizance to any court of the United States in an mark has bggn mg. action or suit between citizens of the same State, unless the trade-mark istcrcd. in controversy is used on goods intended to be transported to a foreign country, or in lawful commercial intercourse with an Indian tribe. Regulations for Sec. 12. That- the Commissioner of Patents is authorized to make

Fo¤}¤H¥ of {Jehu rules and regulations and prescribe forms for the transfer of the right

" °'""‘“ “‘ to use trade-marks and for recording such transfers in his office. Foreign trade- Sec. 13. That citizens and residents of this country wishing the pro- ¤¤=**k¤· tection 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. Approved, March 3, 1881. j March 3, 1881. CHAP.·139.—An act for the ascertainment of the amount duo the Choctaw Nation. gagagskatiou Whereas, the Choctaw Nation, for. itself and lin behalf of individual dam of Mmmm; members thereof, makes claim against the United States on account of ment of amount various treaty provisions which it is alleged have not been complied due. with: Therefore, _ Be tt enacted ty the Senate and House of Representatives of the United mC‘;';Q*°°€“(;;g5;!;f States of Amefwa in Congress assembled, That the Court of Claims is ,,0,, J hereby authorized to take jurisdiction of and try all questions of diilerence arising out of treaty stipulations with the Choctaw Nation, and to _ _ render judgment thereon, power is hereby granted the said court to re- (,001}:;*2 ’°“°"°d view the entire question of diiferences de novo, and it shall not be ‘ estopped by any action had or award made by the Senate of the United States in pursuance of the treaty of eighteen hundred and fifty-five; and the Attorney·Ceneral is hereby directed to appear in behalf of the government ; and 1f said court shall decide against the United States the Attorney-General shall, within thirty days from the rendition of judgment, appeal the cause to the Supreme Court of the United States; and_ from any judgment that may be rendered, the said Choctaw

  • ’*°°**<•· Nation may also appeal to said Supreme Court: Provided, The appeal