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" If the court shall find that the amount of the recovery based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. "
Trade-marks: Hearings Held Before the Committee on Patents, House of ... - Page 7
by United States. Congress. House. Committee on Patents - 1926 - 192 pages
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Rules of Practice of the United States Patent Office in Patent Cases

United States. Patent Office - Patent laws and legislation - 1963 - 144 pages
...based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty (Amended by Public...
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Registration of Trade-marks: Joint Hearings Before the Committees on Patents ...

United States. Congress. Senate. Committee on Patents - Trademarks - 1925 - 184 pages
...such defendant had actual notice or knowledge thereof." (d) If the court shall find that the damagex or profits or both are either inadequate or excessive,...the payment of such sum as the court shall find to he just, according to the circumstamt* of the case, such sum to constitute compensation and not a penalty.4°...
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Hearings

United States. Congress. House. Committee on Patents - 1926 - 592 pages
...defendant shall be required to prove every element of cost or deduction claimed ; but there shall be no recovery of profits from any defendant whose adoption...sum to constitute compensation and not a penalty. 94434—26 2 (e) To deliver up, on oath, upon such terms and conditions as the court may prescribe,...
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Trade-marks: Hearings Before the Committee on Patents, Subcommittee on Trade ...

United States. Congress. House. Committee on Patents - Trademarks - 1938 - 212 pages
...the damages or profits or both are either inadequate or excessive, the court, in its discretion, may decree the payment of such sum as the court shall...sum to constitute compensation and not a penalty; (5) To deliver up, on oath, upon such terms and conditions as the court may prescribe, all copies,...
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Hearings

United States. Congress. House. Committee on Patents - 1938 - 212 pages
...the damages or profits or both are either inadequate or excessive, the court, in its discretion, may decree the payment of such sum as the court shall...sum to constitute compensation and not a penalty; (5) To deliver up, on oath, upon such terms and conditions as the court may prescribe, all copies,...
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United States Code, Volume 2

United States - Law - 1953 - 1692 pages
...based on profits is either inadequate or excessive the court may in its discretion enter judgment for eby: in either of the above circumstances shall constitute compensation and not a penalty. (July 5, 1946,...
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Trade-marks. Hearing Before a Subcommittee....on H.R. 102, H.R. 5461, and S ...

United States. Congress. House. Committee on patent - 1941 - 280 pages
...be established, that the court shall award in its discretion, and enter judgment for such sum as it shall find to be just, according to the circumstances of the case. You will notice that there is no limit to that. If a man runs off with a million dollars, he is fined...
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Trade-marks. Hearings...H.R. 82. April 7 & 8, 1943

United States. U.S. Congress. House. Committee on Patents - 1943 - 58 pages
...based on profits is either inadequate or excessive the court may in its discretion enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty. packages, wrappers,...
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Hearings

United States. Congress. House. Committee on Patents - 1943 - 60 pages
...on profits is either inadequate or excessive the court may in its discretion enter judgment for swh sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty. packages, wrappers,...
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Trade-marks. Hearings Before a Subcommittee.... H. Res. 82.... 1944. (78-2)

United States. U.S. Congress. Senate. Committee on patents - 1944 - 164 pages
...profits is either inadequate or excessive the court may in its discretion enter judgment for such sunl as the court shall find to be just, according to the circumstances of the ease. Such sum in either of the above circumstances shall constitute compensation and not a penalty....
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