Chapter 105. to amend the law relating to patents, trademarks, and copyright
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/statutes-at-large/vol-24/chapter-105-1637317·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 105.— An Act to amend the law relating to patents, trademarks, and copyright.Feb. 4, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Unauthorized use of patented design unlawful. That hereafter, during the term of letters patent, for a design, it shall be unlawful for any person other than the owner of said letters patent, without the license of such owner, to apply the design secured by such letters patent, or any colorable[R.
S., sec. 4933, p. 954](/us/rs/t/s4933/p954). imitation thereof, to any article of manufacture for the purpose of sale, or to sell or expose for sale any article of manufacture to which such design or colorable imitation shall, without the license of the owner, have been applied, knowing that the same has been so applied. AnyPenalty. person violating the provisions, or either of them, of this section, shall be liable in the amount of two hundred and fifty dollars; and in case the total profit made by him from the manufacture or sale, as aforesaid, of the article or articles to which the design, or colorable imitation thereof, has been applied, exceeds the sum of two hundred and fifty dollars, he shall be further liable for the excess of such profit over and above the sum of two hundred and fifty dollars; and the full amount of such liabilitySuits. may be recovered by the owner of the letters patent, to his own use, in any circuit court of the United States having jurisdiction of the parties, either by action at law or upon a bill in equity for an injunction to restrain such infringement. 388 Sec. 2.
That nothing in this act contained shall prevent, lessen,Remedy by existing law not impaired. impeach, or avoid any remedy at law or in equity which any owner of letters patent for a design, aggrieved by the infringement of the same, might have had if this act had not been passed; but such owner shall not twice recover the profit made from the infringement. Approved, February 4, 1887.