Excerpt from Opinions Rendered to the Illinois Manufacturers' Association From January 1, 1899, to January 1, 1907 While it is difficult to foresee with absolute certainty what position the final courts of review will take with reference to such legislation, we are strongly of the opinion that it ought not to be sustained when brought to the test Of judicial reason. We are advised that a test case is now on the way to the Supreme Court of this State. Where persons or firms had in use, at the time of the passage of this ...
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Excerpt from Opinions Rendered to the Illinois Manufacturers' Association From January 1, 1899, to January 1, 1907 While it is difficult to foresee with absolute certainty what position the final courts of review will take with reference to such legislation, we are strongly of the opinion that it ought not to be sustained when brought to the test Of judicial reason. We are advised that a test case is now on the way to the Supreme Court of this State. Where persons or firms had in use, at the time of the passage of this Act, any drawing, printed picture, en graving or photograph in the likeness of the national ag as an advertisement or upon boxes or wrappings for goods, used in such manner that the drawing or pic ture used gave a distinctive appearance to the partie ular goods, so as to be, when taken alone or in connec tion with other symbols or emblems, in the nature of a trade-mark or distinctive mark identifying the goods from other goods of the same general character, the law cannot, in our Opinion, operate to prevent the con tinned use of such drawing, engraving or picture, for in that respect, if the law were to so operate, it would deprive persons of valuable property interests 'ac quired and vested before there was any attempted inbi bitiou Of the use of the ag as an emblem or advertis ing medium. Private property cannot be divested by an Act of the Legislature. To the extent that the law in question attempts to interfere with vested rights it is, in our opinion, unconstitutional. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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