This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... any right created by the Kahn law. Mr. Townsend. Necessarily; of course, it can not mean anything else. Mr. Morrison. That answers ...Read MoreThis historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... any right created by the Kahn law. Mr. Townsend. Necessarily; of course, it can not mean anything else. Mr. Morrison. That answers Mr. Bulkley's question. The Chairman. Now, take up the other. Mr. Townsend. Of course, construing--if you are going to work to construe section 4, you are going into the consideration of penal statutes and what the word " willful " means. The word " willful" has got a very fixed meaning in law, and they do not punish unless there is some right good reason for it. Just incidental to that, these punitive features here I do not consider half as much " punitive " or intended as punishment, as I do " preventive." In this law which is a law passed for a spcial purpose--it is the nature of a prevntive measure, to prevent the willful copying, which makes the administration of it simple, because it removes the incentive to copy. The next question is: The trade-mark act of 1870 was held unconstitutional because it was not limited to the use of trade-marks in " commerce with foreign nations and among the several States and with the Indian tribes. The Kahn law purports to protect against limitation of trade-marks generally and without that limitation, which was held by the Supreme Court to be necessary. When called upon to argue the constitutionality of the Kahn law, how will you distinguish it from the trade-mark act of 1870? I would state first, I do not agree with the statement that " the Kahn law purports to protect against imitations of trade-marks, generally, without limitation." Reading the Kahn law brings it within much narrower limits. Mr. Morrison. I wish you would answer this: Suppose a foreigner registers his trade-mark, is it or is it not limited to goods at some fixed descriptive properties? Mr. Townsend....Read Less
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