State v. Montgomery

Citations

• 57 Wash. 192
• 106 P. 771
• 1910 Wash. LEXIS 725

Syllabus

<p>Statutes — Title and Subjects. The title “An act relating to trade marks” is sufficient to embrace penal provisions for violations of the act.</p> <p>Trade-Marks — Infringement—Complaint—Sufficiency. A complaint for the infringement of a trade-mark label is sufficient when the charging part is in the words of the statute, Rem. & Bal. Code, § 9497, and the label is identified as that of the Allied Printing Trades Council, adopted, used, and filed as required by law.</p> <p>Jury — Bias—Qualifications—Discretion of Court. In a prosecution for the infringement of a labor union trade-mark, prejudice of a juror is not shown and it is not an abuse of discretion to overrule a challenge for cause, where the juror was not acquainted with the defendant, knew nothing of the case, and was not a member of any union, although he had been a member and was favorably inclined towards unions.</p> <p>Trade-Marks — Registration—Application. An application for registration of trade-marks to consist of the words' “Typographical Union Label” or “Allied Printing Trades Council” facsimile of each being attached, is not void as being in the alternative, but is rather an application for the registration of two labels, the law not prohibiting the registration of more than one label on one application.</p> <p>Same — Registration—Evidence—Certified Copies. Under the law making the secretary of state’s attested certificate of the recording of a trade-mark proof of its adoption, and prescribing no form for the certificate, the secretary of state’s certified copy of the application and label is sufficient prima facie proof of all acts necessary for registration, including the filing of two copies of the label required by law.</p> <p>Same — Registration—Application. The law does not require application for the registration of a trade-mark to be made by any particular person, and it is sufficient that one application for two labor union labels, having some interests in common, was made by the presi