Compare-Civil Code, $ 991; Penal Code, § 353. Trade mark-definition in criminal law, Penal Code, $ 353; subject of ownership. Civil Code, § 655; what may be appropriated for, Civil Code, § 991; warrant of genuineness, Civil Code, § 1772. Counterfeiting trade marks-and kindred offenses, Penal Code, §§ 350-354. Nature and limitations--of trade mark: name of a hotel (What Cheer House) is trade mark, 21 Cal. 449. Device for washing powder not peculiar (under former statute), 35 Cal. 69. "Antiquarian Book Store" not protected, 39 Cal. 502. "Aromatic Schiedam Schnapps" not protected, 45 Cal. 468. Must designate origin or ownership, not name, nature, kind, quality, or character of the article, 35 Cal. 53; 45 Cal. 467. Name of manufacturer or seller of goods may be used as a trade mark, 45 Cal. 468. Designation of goods as of a particular class or descriptioninsufficient: denoting kind or quality not enough, 35 Cal. 53; 45 Cal. 467: nor designation of trade or occupation in connection with words indicating spec al variety of goods sold, 39 Cal. 501. 3197. Any person may secure the exclusive use of any such trade mark or name by filing with the Secretary of State his claim to the same and a copy or description of such trade mark or name, with his affidavit attached thereto, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner or agent of the owner of such trade mark or name. Basis of section-and of next two, Stats. 1863, p. 155. 3198. The Secretary of State must keep for public examination a record of all trade-marks or names filed in his office, with the date when filed and name of claimant; and must at the time of filing collect from such claimant a fee of three dollars in gold coin, to be paid into the State Library Fund. 3199. Any person who has first adopted, recorded, and used a trade mark or name, whether within or beyond the limits of this State, is its original owner. Such ownership may be transferred in the same manner as personal property, and is entitled to the same protection by suits at law; and any Court of competent jurisdiction may restrain, by injunction, any use of trade marks or names in violation of this Chapter. Ownership of trade mark-hotel sign, 21 Cal. 451; does not cover the "articles" manufactured or sold, or their names or description, 35 Cal. 53. Property in a trade mark--right exists and is recognized at common law, and irrespective of territorial bounds, though may be restricted by statute, 29 Cal. 294. Under statute of 1863, 29 Cal. 296. • Common law remedies for invasion of trade marks, 29 Cal. 298; only extend to distinguishing mark of origin or ownership, 35 Cal. 53. Infringement of trade mark--what does not constitute, 35 Cal. 53. What constitutes piracy of a trade mark. 45 Cal. 468. Imitation of label, 45 Cal. 468. Measure of damages, 40 Cal. 593. Injunction--restraining infringement, when remedy properly invoked, 21 Cal. 448. $3214. The unit of weights. $3215. Unit of liquid measures. § 2217. § 3218. Unit of solid measure. § 3216. Division of the pound. The barrel, the hogshead. $3219. Division of the half bushel. $3220. Division of capacity for commodities. § 3221. Heap measure. § 3222. Contracts construed accordingly. $3223. Weights of bushels of various products. 3209. The standard weights and measures now in charge of the Secretary of State being the same that were furnished to this State by the Government of the United States, and consisting of one standard yard measure; one set of standard weights, comprising one troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five, and fifty pounds, respectively; one set of standard troy ounce weights, divided decimally from ten ounces to the one ten thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, one half gallon, one quart, one pint, and one half pint measure; and one standard half bushel, containing one thousand and sevent-five cubic inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as the standard, are the standards of weights and measures throughout the State. Basis of section-Stats. 1861, p. 86. Sealers of Weights and Measures-Penal Code, §§ 561-567. 3210. The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid, are derived and ascertained. 3211. The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches; for measures of cloths and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths, and sixteenths. 3212. The rod, pole, or perch, contains five and a half yards, and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twenty-two yards long, and divided into one hundred equal parts, called links. 3213. The acre for land measure must be measured horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. 3214. The standard avordupois and troy weights are the units or standards of weight from which all other weights are derived and ascertained. 3215. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, is divided into sixteen equal parts, called ounces; the hundred weight consists of one hundred avoirdupois pounds, and twenty hundred weight constitute a ton. The troy ounce is equal to the twelfth part of the troy pound. Basis of section-Stats. 1861, p. 86. 3216. The standard gallon and its parts are the units or standards of measure of capacity for liquids, from which all other measures of liquids are derived and ascertained. 3217. The barrel is equal to thirty-one and a half gallons, and two barrels constitute a hogshead. 3218. The standard half bushel is the unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances are derived and ascertained. 3219. The peck, half peck, quarter peck, quart, and pint measures for measuring commodities other than liquid are derived from the half bushel by successively dividing that measure by two. 3220. The measures of capacity for coal, ashes, marl, manure, Indian corn in the ear, fruit, and roots of every kind, and for all other commodities commonly sold by heap measure, are the half bushel and its multiples and subdivisions; and the measures used to measure such commodities must be made cylindrical, with plane and even bottom, and must be of the following diameters from outside to outside: the bushel, } nineteen and a half inches; half bushel, fifteen and a half inches, and the peck, twelve and a third inches. 3221. All commodities sold by heap measure must be duly heaped up in the form of a cone; the outside of the measure, by which the same are measured, to be the limit of the base of the cone, and such cone to be as high as the article will admit. 3222. Contracts made within this State for work to be done, or for anything to be sold or delivered by weight or measure, must be construed according to the foregoing standards. Basis of section-and of next, Stats. 1861, p. 86. 3223. Whenever wheat, rye, Indian corn, barley, buckwheat, or oats, are sold by the bushel, and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and of thirtytwo pounds of oats. POL. CODE-40. CHAPTER IX. Labor and Material on Public Buildings. $ 3233. Labor must be done by day's work. 3233. All work done upon the public buildings of this State must be done under the supervision of a Superintendent, or State officer or officers having charge of the work; and all labor employed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings must be done by contract. Section seems to apply to State buildings only-not to county jail, 47 Cal. 488. 3234. All materials to be used on any of the public buildings must be furnished by contract, in accordance with the plans and specifications and proposals therefor. Basis of section-Stats. 1870, p. 777. Section inapplicable-to erection of county jail, 47 Cal. 488. Erection of public buildings and structures by contractplans, specifications and proposals, Stats. 1872, p. 925; but see later Act to regulate such contracts, in Stats. 1876, p. 427, and repealing clause of same. |