(815 ILCS 425/1) (from Ch. 121 1/2, par. 1301)
Sec. 1.
This Act shall be known and may be cited as the Illinois Union Label Act.
(Source: P.A. 84-517.)
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(815 ILCS 425/2) (from Ch. 121 1/2, par. 1302)
Sec. 2.
Whenever any association or union of workers has adopted
or shall hereafter adopt for its protection any label, trade-mark, or
form of advertisement, announcing that goods to which such label,
trade-mark or form of advertisement shall be attached were manufactured by
a member or members of such association or union, it shall be unlawful for
any person or corporation to knowingly counterfeit or imitate such label, trade-mark
or form of advertisement. Every person violating this Section shall be
guilty of a Class A misdemeanor.
(Source: P.A. 84-517.)
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(815 ILCS 425/3) (from Ch. 121 1/2, par. 1303)
Sec. 3.
Any person who shall use any counterfeit or imitation of
any label, trade-mark or form of advertisement of any such union or
association, knowing the same to be counterfeit or imitation, shall be
guilty of a Class A misdemeanor.
(Source: P.A. 84-517.)
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(815 ILCS 425/4) (from Ch. 121 1/2, par. 1304)
Sec. 4.
Any such association or union adopting a label, trade-mark
or form of advertisement as aforesaid may proceed by suit to enjoin the
manufacture, use, display or sale of any such counterfeits or imitations;
and all courts having jurisdiction thereof (a) may grant injunctions to
restrain such manufacture, use, display, or sale, and (b) shall award the
complainant in such suit such damages resulting from such wrongful
manufacture, use, display, or sale, and shall award the complainant
such damages
as the court deems just and reasonable, and (c) shall require the
defendants to pay to such association or union the profits derived from
such wrongful manufacture, use, display, or sale, and (d) may also
order that all such counterfeits or imitations in the possession or under
the control of any defendant in such case be delivered to an officer of the
court, or to the complainant, to be destroyed.
(Source: P.A. 84-517.)
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(815 ILCS 425/5) (from Ch. 121 1/2, par. 1305)
Sec. 5.
Any person who shall knowingly use or display for commercial
purposes the genuine label,
trade-mark or form of advertisement of any such association or union in any
manner not authorized by such association or union shall be deemed guilty
of a Class A misdemeanor. In all cases where such association or union is
not incorporated,
suits under this Act may be commenced by an officer
of such association or union on behalf of and for the use of such association or union.
(Source: P.A. 84-517.)
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(815 ILCS 425/6) (from Ch. 121 1/2, par. 1306)
Sec. 6.
(a) Any association or union of workers which has
adopted for its protection any label, trade-mark or form of
advertisement, announcing that goods to which such label, trade-mark or
form of advertisement shall be attached were manufactured by a member or
members of such association or union, shall file with the Office of the
Secretary of State a genuine copy of such label, trade-mark or form of
advertisement, accompanied by a $10 registration fee. The association or
union shall also file with the Office of the Secretary of State a
description of the goods to which such label, trade-mark or form of
advertisement is applicable.
(b) It shall be an affirmative defense to any violation of this Act, that a
genuine
copy of such label, trade-mark or form of advertisement or description of
the goods as required under subsection (a) has not been filed
with the Office of the Secretary of State.
(c) The Secretary of State shall adopt rules and regulations to carry
out the provisions of this Act.
(Source: P.A. 84-517.)
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