MERCHANDISE MISBRANDING BILLS. COMMITTEE ON INTERSTATE Friday, March 19, 1920. The committee met at 10.30 o'clock a. m., Hon. John J. Esch (chairman), presiding. The CHAIRMAN. This morning we begin hearings on misbranding and misrepresentation bills, bills for this purpose having been introduced by Mr. Barkley, H. R. 2855; by Mr. French, H. R. 11641; by Mr. Rogers, H. R. 13073, with a subsequent print, H. R. 13136; by Mr. Rainey, H. R. 11891, with a subsequent print, H. R. 13111. I understand Mr. Rogers desires to be heard this morning very briefly as he has to leave the city. Are you ready to proceed, Mr. Rogers? STATEMENT OF HON. JOHN JACOB ROGERS, A REPRESENT- Mr. ROGERS. As the chairman has stated, the bill which I am asking the committee to consider to-day is H. R. 13136, which is a revision of the bill which I introduced in the House a few days ago, H. R. 13073. I have had bills upon this general subject pending before the committee for a number of years, and simply for the sake of the record I should like to refer to those predecessors of the present bill. I introduced in the Sixty-third Congress, on February 17, 1914, H. R. 13492, and in the Sixty-fourth Congress, on March 11, 1916, I introduced H. R. 13049. Both of those bills and the present bill are based upon three statutes, all of which are very well known, all of which have stood the test of time, and all of which have been extremely salutary in their operation. The first of the three is the British merchandise marks act of 1887, the second is the pure food and drug act of the United States of June 30, 1906, and the third is the so-called insecticide act of 1910. I rather think, Mr. Chairman, that it might be helpful for the committee and for those reading these hearings if the two American statutes should be reprinted in full as a part of the hearing, and also the material sections of the British merchandise marks act. The CHAIRMAN. Are those available? Mr. ROGERS. I have them here, and I shall be glad to hand them to the reporter. The CHAIRMAN. Without objection, they may be inserted in the record. Mr. ROGERS. The British merchandise marks act is quite long, and it does not seem worth while to cumber the record with the entire 5 act; I shall simply incorporate four or five sections which bear directly upon the question before the committee. (The matter referred to is as follows:) EXTRACTS FROM MERCHANDISE MARKS ACT, 1887. [50 and 51 Vict., Ch. 28.] 1. This Act may be cited as the Merchandise Marks Act, 1887. 2. (1) Every person who (a) Forges any trade-mark; or (b) Falsely applies to goods any trade-mark or any mark so nearly resembling a trade-mark as to be calculated to deceive; or (c) Makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade-mark; or (d) Applies any false trade description to goods; or (e) Disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade-mark; or (f) Causes any of the things above in this section mentioned to be done, shall, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Act. (2) Every person who sells, or exposes for, or has in his possession for, sale, or any purpose of trade or manufacture, any goods or things to which any forged trade-mark or false trade description is applied, or to which any trade-mark or mark so nearly resembling a trade-mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves (a) That having taken all reasonable precautions against committing an offence against this Act, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the trade-mark, mark, or trade description; and (b) That on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or (c) That otherwise he had acted innocently— be guilty of an offense against this Act. (3) Every person guilty of an offence against this Act shall be liable (i) On conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and (ii) On summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding fifty pounds; and (iii) In any case, to forfeit to Her Majesty every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed. (4) The court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit. (5) If any person feels aggrieved by any conviction made by a court of summary jurisdiction, he may appeal therefrom to a court of quarter sessions. (6) Any offence for which a person is under this Act liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Act by a court of summary jurisdiction may be forfeited, in manner provided by the Summary Jurisdiction Acts: Provided that a person charged with an offence under this section before a court of summary jurisdiction shall, on appearing before the court, and before the charge is gone into, be informed of his right to be tried on indictment, and if he requires be so tried accordingly. 3. (1) For the purposes of this Act The expression "trade description" means any description, statement, or other indication, direct or indirect— (a) As to the number, quantity, measure, gauge, or weight of any goods; or (c) As to the mode of manufacturing or producing any goods; or (d) As to the material of which any goods are composed; or (e) As to any goods being the subject of an existing patent, privilege, or copyright— and the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Act. |