Page:1864-65 Territory of Dakota Session Laws.pdf/131

Rh or in part the same to the eye, or to the ear, as the word or any of the words or tokens used by any other person as his trade mark, and every person who knowingly sells, or keeps or offers for sale, any such bottle, case, box, other package, with any such label, stamp, brand, imprint, printed wrapper, ticket or mark affixed to or upon it, in case the person affixing or causing to be a fixed such mark, or so selling, or exposing or offering for sale such bottle, case, box, or other package, was not the first to employ or use such words as his trade mark, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor is also liable to the party aggrieved in the penal sum of one hundred dollars for each and every offense, to be recovered by him in a civil action.

Sec. 414. The word "trade mark," as used in the sections preceding, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded or sold by him; other than any name, word or expression generally denoting any goods to be of some particular class or description.

Sec. 415. The word “goods," as used in the sections preceding, includes every kind of goods, wares, merchandise, compound or preparation, which may be lawfully kept or offered for sale.

Sec. 416. The offense cf a fixing a false trade mark to goods is equally complete within the meaning of sections 410, 412, and 413, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package or vessel, or any cover or stopper thereof, in which such goods are put up.

Sec. 417. Whenever any person engaged in manufacturing, bottling, selling in bottles, soda, mineral waters, porter, ale, cider or small beer, has filed and published, in the manner authorized by law, a description of a name, mark, or label usually stamped by him in the bottles coutaining such beverage, every other person who, without the written consent of such manufacturer or dealer, refills with any beverage, whether genuine