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To learn more about Hennessy & Roach services,
reach us at:
Chicago: 312-346-5310
Fax: 312-346-5330
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Fax: 314-231-0990
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Fax: 217-726-0137
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140 S Dearborn
St., Suite 520
Chicago, IL 60603
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CHAPTER 815
BUSINESS TRANSACTIONS
Illinois Union Label Act.
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(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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To learn more about Hennessy & Roach services, please call 312.346.5310,
or send an e-mail to
hennroach@hennessyroach.com to
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