Page:United States Statutes at Large Volume 52.djvu/635

 PUBLIC LAWS-CH. 305 -MAY 31, 1938 Infringement of rights protected, un- lawful. Liabilities. Injunction. Pecuniary damages. Delivery of articles that infringe. Destruction. Infringement; pen- alty. Terms of protection. Copyright, etc., ac - tions. or after said exposition, and at the rates charged by such officials for certified copies of other matters; and any such certified copies shall be admissible in evidence in lieu of the original certificates in any Federal court. SEC. 2. It shall be unlawful for any person without authority of the proprietor thereof to copy, republish, imitate, reproduce, or practice at any time during the period specified in section 6 hereof any subject matter protected by registration as aforesaid at either of the branch offices at said exposition which shall be imported for exhibition at said exposition, and there exhibited, and which is substantially different in a copyright, trade-mark, or patent sense, as the case may be, from anything publicly used, described in a printed publication or otherwise known in the United States of America prior to such registration at either of said branch offices as aforesaid; and any person who shall infringe upon the rights thus protected under this joint resolution shall be liable- (a) To an injunction restraining such infringement issued by any Federal court having jurisdiction of the defendant; (b) To pay to the proprietor such damages as the proprietor may have suffered due to such infringement, as well as all the profits which the infringer may have made by reason of such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or in lieu of actual damages and profits such damages as to the court shall appear to be just; (c) To deliver upon an oath, to be impounded during the pendency of the act, upon such terms and conditions as the court may prescribe, all articles found by the court after a preliminary hearing to infringe the rights herein protected; and (d) To deliver upon an oath, for destruction, all articles found by the court at final hearing to infringe the rights herein protected. SEC. 3. Any person who willfully and for profit shall infringe any right protected under this joint resolution, or who shall knowingly and willfully aid or abet such infringement, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not exceeding one year or by a fine of not less than $100 nor more than $1,000, or both, in the discretion of the court. SEC. 4. All the Acts, regulations, and provisions which apply to protecting copyrights, trade-marks, designs, and patents for inven- tions or discoveries not inconsistent with the provisions of this joint resolution shall apply to certificates issued pursuant to this joint resolution but no notice of copyright on the work shall be required for protection hereunder. SEC. 5. Nothing contained in this joint resolution shall bar or pre- vent the proprietor of the subject matter covered by any certificate issued pursuant to this joint resolution from obtaining protection for such subject matter under the provisions of the copyright, trade- mark, or patent laws of the United States of America, as the case may be in force prior hereto, and upon making application and com- plying with the provisions prescribed by such laws; and nothing contained in this joint resolution shall prevent, lessen, impeach, or avoid any remedy at law or in equity under any certificate of copy- right registration, certificate of trade-mark registration, or letters patent for inventions or discoveries or designs issued under the copy- right, trade-mark, or patent laws of the United States of America as the case may be in force prior hereto, and which any owner thereof and of a certificate issued thereon pursuant to this joint resolution might have had if this joint resolution had not been passed, but such owner shall not twice recover the damages he has sustained of the profit made by reason of any infringement thereof. 594 [52 STAT.

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