trade authorities. The application for permission must, according to section 2, contain the following declarations:

1. Designation, according to quantity and quality, of the goods to be sold.

2. Exact statement of the place of the closing-out sale.

3. Period of time during which the closing-out sale shall take place.

4. The persons who own the goods or other chattels to be sold; also the persons who are to carry on the closing-out sale (for instance, the owner of the business, his employees, business manager, etc.).

5. The reasons why the closing-out sale is to take place, such as death of the owner, going out of business, taking over of the business by a new owner, removal of the business, unforeseen events of nature, etc.

Section 4 provides that the local trade authorities can not grant permits for a closing-out sale for a period longer than three months. The Provincial authorities, however, can extend this period in particular cases to one year.

A sale can not be begun until the permit is granted and can not extend beyond the period allowed. Furthermore, the sale must be limited to the goods originally advertised, otherwise it can be terminated immediately, the proprietor fined, and the unadvertised goods which have been added to the stock forfeited.

COPYRIGHT LAW.-The law of December 26, 1895,1 regarding copyright on works of literature, art, and photography contains two provisions of interest. They are as follows:

SEC. 22. If there is given to a work without any inherent necessity the designation, especially the title or the outward appearance, of a work that has appeared earlier, and if this is adapted to deceive the public regarding the identity of the works, the author of the earlier work is entitled to claim compensation. The same holds good if the designation or outward appearance of the work which appeared earlier was reproduced with such minor or indistinct changes that by close scrutiny only can the difference be noticed by the public.

If a continuous or periodic work is concerned, the interdiction of the further use of the misleading designation or outward appearance can be demanded of the criminal court.

SEC. 53. Whoever, with the intention of deceiving, provides another person's work with his own name, or one of his own works with some other person's name, in order to place it in circulation, or whoever knowingly places such a work in circulation, is guilty of an offense, even if there is no violation of a copyright, providing more stringent provisions of the Penal Code do not apply. Whoever, with the same intention, makes a false application at the public copyright office is also guilty of this offense.

The penalty for this offense is a fine of from 100 florins to 2,000 florins or imprisonment from one to six months.

FOODSTUFFS LAW OF JANUARY 16, 1896.-The law of January 16, 1896,2 which is intended primarily for the protection of the consumer against the adulteration and misbranding of goods, contains in sec

1 Gesetz vom 26. December 1895, betreffend das Urheberrecht an Werken der Literatur, Kunst und Photographie; Reichsgesetzblatt, 1895, No. 197.

2 Gesetz vom 16. Jänner 1896, betreffend den Verkehr mit Lebensmitteln und einigen Gebrauchsgegenständen; Reichsgesetzblatt, 1897, No. 89, S. 437.

tion 11 some provisions prohibiting certain unfair practices that result in injury to competitors. The language of this section is as follows:

SEC. 11. He is guilty of an offense and is punishable by imprisonment from one week to three months, to which may be added a fine up to 500 florins, or by fine alone from 5 florins to 500 florins.

1. Who imitates or adulterates articles of food for purposes of deception in trade and commerce.

2. Who knowingly offers for sale in a form or under a designation adapted to deceive, articles of food which are imitated, adulterated, decayed, unripe, or have suffered in their nutritive value.

3. Who sells or offers for sale food products under a false designation for the purpose of deception.

4. Who knowingly sells articles of food which are imitated, adulterated, decayed, unripe, or have suffered in their nutritive value, unless the buyer knew or obviously should have known of this condition.

Section 12 provides penalties for the negligent violation of the prohibitions of section 11, as follows:

SEC. 12. Whoever negligently commits the acts designated in section 11, subsections 2 and 4, or negligently sells or offers for sale articles of food which have been provided with a false designation for purposes of deception is guilty of an offense and shall be punished by imprisonment of from 3 to 14 days, to which may be added a fine up to 100 florins, or by a fine alone of from 5 florins to 300 florins.

A number of instances of the application of section 11 to cases of unfair competition follow:

In the case of a wine merchant who sold Hungarian champagne in bottles labeled "Carte Blanche vin Sec. Bougemont et Cie., Reims," to dealers who knew from the low price that the wine was not French champagne, the court held that the purpose and possibility of deception, as well as the mere offer for sale of the falsely labeled wine, were sufficient to constitute a breach of section 11 of the pure-food law.1

Designating beer not brewed in Pilsen as "à la Pilsen" or "alla Pilsen" was held to be a breach of the pure-food law of January 16, 1896, it being unnecessary to show actual injury either to the health or to the purse of the purchaser.2

In a case where a brewer was fined for labeling his beer "Hannsdorfer Pils," the District Court of Olmütz, April 15, 1912, held that "the meaning of a word used for designating beer depends exclusively upon the views of the public that drinks beer. 'Pils' denotes a beer produced in Pilsen. Like 'Pilsen' it denotes provenance and is not a generic term. These words do not lose this meaning if combined with a second word denoting provenance, 1 Entsch. d. Obersten Gerichtshofes. Urt. v. 19. Juli 1911; Öster. Patentblatt, 1912, p. 982. Urt. des Landesgerichtes Laibach v. 4. März 1912; Öster. Patentblatt, 1912, p. 696.

as Hannsdorfer Pilsner.' No addition whatever to the word 'Pils' can exclude the possibility of confusion arising out of its meaning as denoting provenance. Nor is the possibility of confusion excluded by the fact that the incorrectly designated beer is cheaper in price than Pilsner beer."

Section 12. Hungary.

The Hungarian trade law of 1884 contains the following provisions applicable to unfair competition:

SEC. 58. No tradesman or merchant shall use upon his firm name, his stationery, or his advertisements such designations, marks, or data as do not correspond to the true business relations or to actual facts.

SEC. 157. * * * (d) Whoever uses upon his firm name, stationery, or advertisements such designations, marks, or data as do not correspond to the true business relations or to actual facts, is to be punished with fines of from 20 to 200 florins.

Section 13. Denmark.

PENAL CODE.-The Penal Code of Denmark contains several sections relative to particular forms of unfair competition. Among these may be mentioned section 277, which prohibits the construction or use of false weighing and measuring apparatus, and section 278, which prohibits the adulteration of goods or the use of stamps or marks on goods for the purpose of deceiving the purchaser as to their quality.

SEC. 277. He who, with fraudulent intention, constructs incorrect measures or weighing apparatus or alters correct measures or weighing apparatus, as well as he who makes use of such false or falsified apparatus to deceive others therewith, is punished with imprisonment on water and bread not under five days or with correction-house work up to two years. Under specially aggravating circumstances, as also in case of repetition of the offense, the punishment may be increased up to six years of “hard labor."

He who in his occupation uses a weight or measure which is not lawfully tested, or which by time or use has become changed, is punished the first time with fines up to 100 Rd., and in case of repetition with higher fines or impris onment.

SEC. 278. To the punishment prescribed in the first paragraph of the foregoing section is also liable he who adulterates goods or who falsely furnishes goods or other objects with an official stamp or mark that shall guarantee the genuineness or quality of the same, or who fraudulently appropriates for himself such stamp or seal on objects which are not suited thereto, as well as he who, without authority, places a mark or stamp of others on goods that are of considerably inferior quality than that which is indicated by the stamp or mark.

If the goods on which the mark or stamp of others is placed without authority are not of considerably inferior quality, the punishment prescribed in section

1 Kreisgericht Olmütz, Urt. v. 15. April 1912: Öster. Patentblatt, 1912, p. 698. Gesetz-Artikel vom Jahre 1884, über das Gewerbegesetz; Landesgesetz-Sammlung für das Jahr 1884, p. 181 fol.

3 Almindelig borgerlig Straffelov af 10. Februar. 1866.

277, second clause, is to be applied, and prosecution only takes place provided the one who is injured thereby demands it. The penal provision just mentioned becomes applicable also with respect to minor adulteration of goods occurring in the retail trade by which only an insignificant loss is inflicted on anyone.

UNFAIR COMPETITION LAW OF 1912.-Denmark has a special law regarding unfair competition' which, however, is not as complete as the German law of 1909. It is the only law in Europe, apparently, which expressly prohibits the giving of premiums, coupons, and trading stamps. The practices against which the law is directed and the provisions relating thereto are as follows:

Sections 1 to 5, inclusive, relate to the incorrect designation of goods sold or put on sale.

SEC. 1. Whoever sells or offers goods for sale must not have designations affixed to these, their labels or wrappers or by signboards or on billheads, invoices, or other business documents, which—

1. Either contain an incorrect statement with reference to the place (or country) of production of the goods, character, material, or method of manufacture, or are of such a character that they are calculated to give an erroneous impression in any of the named respects; or

2. Are calculated to give the buyer the impression that one and all of the various kinds of goods handled in the business originate in the same place (or country) of production or have the same methods of manufacture although this is the case only in part; or

3. Incorrectly state that the goods have received awards at expositions or have received recommendations from authorities or have obtained patent protection still in force.

Violations hereof are punishable with fines of from 50 to 2,000 kroner. The punishment may, however, under aggravating circumstances, namely, in case of frequent repetition of the offense, be increased up to simple imprisonment for six months.

Furthermore, the person convicted shall, if the incorrectly designated goods are still in his possession or in other ways are at his disposal, be obligated by the judgment to correct the incorrect designations, or if the goods are not manufactured in this country, then to export them from the country, if he so prefers.

SEC. 2. If the incorrect designations of the goods have been circulated by advertisements in the newspapers, by handbills or signboards of especially conspicuous nature, this shall be regarded as an aggravating circumstance.

SEC. 3. Designations that give an incorrect impression of the place of production (incorrect place name) of the goods do not come under the application of the penal clauses above mentioned when the designation in question following the usual interpretation or custom and usage in business indicates the nature of the goods and method of manufacture or the like and not the place of production.

Where public policy makes it desirable, however, a royal edict shall stipulate that certain designations are excepted from this regulation. Violation of such an edict is punished as provided in section 1.

Designations that consist of statements as to currency, measure, or weight are not considered as statements of the place of production of the goods. That

1 Lov om Straf for Brug af urigtig Varebetegnelse, Nr. 137, 8 Juni, 1912.

the designations used are in the language of a country other than that in which the goods are manufactured or from which they are imported is not in itself regarded as an incorrect designation of goods, but the decision relative thereto depends on the external form and content of the designation.

A designation which by itself must be regarded as an incorrect statement of the place of production of the goods shall not be regarded as such when by a clear and valid additional statement information is given concerning the actual place of production of the goods.

SEC. 4. In this country it is forbidden to sell or offer for sale goods on which or on the labels or wrappers of which is placed the red cross on a white field described in the Geneva convention of July 6, 1906, of announcement No. 174, of July 24, 1907, as an emblem and badge for the army's sanitary service, formed by reversing the colors of the arms of the Swiss Confederacy, or the designations “Red Cross,” Geneva Cross," or marks of similar designation or description. Violation of this regulation is punishable by fines up to 100 kroner.

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The same punishment is imposed upon the one who makes unauthorized use of the named mark, designation, or description on signs, in announcements, on billheads, invoices, or other business documents.

SEC. 5. If the stock of a bankrupt, a compromise estate, or of a deceased person is being sold, no other goods must be added, provided the sale take place because of the breaking up of business. A list of the goods, under oath from the executors of the estate, must be given to the proper police authorities before the beginning of the sale and is subject to inspection by them or the directors of the local commercial, industrial, or labor organizations or their authorized agents, who, in the opinion of the authorities are most interested in the inspection.

At a sale of stocks of merchandise that have been bought from a bankrupt or compromise estate or from the estate of a deceased person, it is forbidden in the public advertisements, communications, and the like to refer to the origin of the stocks from such an estate provided the sale includes other goods than those originating in the estate.

Sections 6 to 9, inclusive, relate to the conduct of dissolution sales, clearance sales, and auctions:

SEC. 6. If a sale is announced to take place for the disposition of damaged goods or for other alleged reasons such as the discontinuance of a business, moving, etc., there shall be given to the local police authorities before the beginning of the sale an itemized list of the goods under oath that shall be open to inspection in the same manner as designated in section 5. No goods must be added to the sale thereafter.

SEC. 7. No merchant is permitted to hold more than two yearly season sales, and none of these must last over one month.

Exceptions to this may be permitted, according to the circumstances, by the local police authorities.

SEC. 8. At auctions where the articles for sale originate from several different named estates or persons the advertisements and catalogues shall clearly designate from which estate or person the articles originate.

If the articles for sale are manufactured or procured for the purpose of being sold at an auction it shall be distinctly announced whether they are sold for the account of the party demanding the sale by auction or for the account of some one else.

SEC. 9. Violation of the provisions contained in sections 5 to 8 is punished by fines up to 600 kroner,