Page:United States Statutes at Large Volume 60 Part 1.djvu/465

 PUBLIC LAWS-CH. 540-JULY 5, 1946 Limitations. Innocent infringers. Admissibility of cer- tificate in evidence, etc. 21 Stat. 502; 33 Stat. 724. 15U.S.C. i 81-109. Post, p. 444. Ante, p. 433. Defenses or defects. action by the registrant for any or all of the remedies hereinafter pro- vided, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been com- mitted with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive purchasers. (2) Notwithstanding any other provision of this Act, the remedies given to the owner of the right infringed shall be limited as follows: (a) Where an infringer is engaged solely in the business of printing the mark for others and establishes that he was an innocent infringer the owner of the right infringed shall be entitled as against such infringer only to an injunction against future printing; (b) where the infringement complained of is contained in or is part of paid adver- tising matter in a newspaper, magazine, or other similar periodical the remedies of the owner of the right infringed as against the pub- lished or distributor of such newspaper, magazine, or other similar periodical shall be confined to an injunction against the presentation of such advertising matter in future issues of such newspapers, maga- zines, or other similar periodical: Provided, That these limitations shall apply only to innocent infringers; (c) injunction relief shall not be available to the owner of the right infringed in respect of an issue of a newspaper, magazine, or other similar periodical containing infringing matter when restraining the dissemination of such infring- ing matter in any particular issue of such periodical would delay the delivery of such issue after the regular time therefor, and such delay would be due to the method by which publication and distribution of such periodical is customarily conducted in accordance with sound business practice, angd not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunc- tion or restraining order with respect to such infringing matter. SEC. 33. (a) Any certificate of registration issued under the Act of March 3, 1881, or the Act of February 20, 1905, or of a mark reg- istered on the principal register provided by this Act and owned by a party to an action shall be admissible in evidence and shall be prima facie evidence of registrant's exclusive right to use the registered mark in commerce on the goods or services specified in the certificate subject to any conditions or limitations stated therein, but shall not preclude an opposing party from proving any legal or equitable defense or defect which might have been asserted if such mark had not been registered. (b) If the right to use the registered mark has become incontestable under section 15 hereof, the certificate shall be conclusive evidence of the registrant's exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate subject to any conditions or limitations stated therein except when one of the following defenses or defects is established: (1) That the registration or the incontestable right to use the mark was obtained fraudulently; or (2) That the mark has been abandoned by the registrant; or (3) That the registered mark has been assigned and is being used, by or with the permission of the assignee, so as to misrepresent the source of the goods or services in connection with which the mark is used; or (4) That the use of the name, term, or device charged to be an infringement is a use, otherwise than as a trade or service mark, of the party's individual name in his own business, or of the individual name of anyone in privity with such party, or of a term or device which is descriptive of and used fairly and in good faith only to describe to users the goods or services of such party, or their geographic origin; or 438 [60 STAT.

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