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This entry was published on 2014-09-22
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Search for trade-mark bottles and vessels kept in violation of law authorized
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE K, ARTICLE 33
§ 33.15. Search for trade-mark bottles and vessels kept in violation
of law authorized. Whenever a registered owner of a trade-mark, or his
agent, makes oath before a magistrate that he has a reason to believe
and does believe, stating the grounds of his belief, that a bottle,
siphon, barrel, platter, vessel or other thing to which is affixed a
trade-mark belonging to him is being used or filled, or has been sold or
offered for sale, by any person whomsoever in violation of the preceding
section, then the magistrate may issue a search warrant to discover the
thing and cause the person having it in possession to be brought before
him and may thereupon inquire into the circumstances, and if on
examination, he finds that such person has been guilty of the offense
charged, he may hold the offender to bail to await the action of the
grand jury, and the offender shall also be liable to an action on the
case for damages, for such wrongful use of such 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
his trade-mark, and to recover compensation therefor in any court having
jurisdiction over the person guilty of such wrongful use.