§ 33.15. Search for trade-mark bottles and vessels kept in violation\nof law authorized. Whenever a registered owner of a trade-mark, or his\nagent, makes oath before a magistrate that he has a reason to believe\nand does believe, stating the grounds of his belief, that a bottle,\nsiphon, barrel, platter, vessel or other thing to which is affixed a\ntrade-mark belonging to him is being used or filled, or has been sold or\noffered for sale, by any person whomsoever in violation of the preceding\nsection, then the magistrate may issue a search warrant to discover the\nthing and cause the person having it in possession to be brought before\nhim and may thereupon inquire into the circumstances, and if on\nexamination, he finds that such person has been guilty of the offense\ncharged, he may hold the offender to bail to await the action of the\ngrand jury, and the offender shall also be liable to an action on the\ncase for damages, for such wrongful use of such trade-mark at the suit\nof the owner thereof, and the party aggrieved, shall also have his\nremedy according to the course of equity to enjoin the wrongful use of\nhis trade-mark, and to recover compensation therefor in any court having\njurisdiction over the person guilty of such wrongful use.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.