Section 10 relates to the misuse of a family name, firm name, business emblem, etc.

SEC. 10. In business relations everyone is forbidden to make use of a name, firm name, or business emblem, or the like, that does not belong to him; likewise to make use of a designation which rightfully belongs to him in such a way that it is intended and calculated to lead to confusion with a legitimate designation of another business house.

Violations hereof are punished by fines up to 600 kroner.

Section 11 relates to the disparagement of another's business.

SEC. 11. He who in order to acquire another's customers spreads incorrect information about his business house calculated to injure the business, whether these concern the proprietor of the business, its goods, or other factors of the business, is punished with fines up to 4,000 kroner, under aggravating circumstances with simple imprisonment up to six months.

Section 12 relates to the unauthorized disclosure of business secrets.

SEC. 12. He who, intentionally or by gross carelessness, gives or uses information about the business or trade secrets gained by reason of contractual relations of confidence is punished with fines up to 4,000 kroner, under aggravating circumstances with simple imprisonment up to six months.

Sections 13 and 14 relate to giving premiums and cutting prices of certain articles.

SEC. 13. In the retail trade the so-called premium (tilgift)1 is forbidden, except when it has customarily existed and occurs in the form of mere trifles that are not intended to attract the customers of other merchants to one's self. Violations hereof are punished by fines up to 100 kroner.

Likewise it is forbidden to sell or offer for sale goods in the original wrappers from producers or wholesalers, on which the fixed price for retail sale is indicated, for a lower price, unless the sale falls under the provisions of section 6 or the producer's or wholesaler's permission, or an equivalent authority has been obtained therefor.

Violation of this may, according to the circumstances, be punished by fines up to 2,000 kroner.

SEC. 14. The Minister for Commerce and Navigation is authorized, after conference with the chief organizations of Danish commerce, industry, and labor, to stipulate that certain goods in the retail trade may be sold or offered for sale only in specified units of number, measure, or weight, or with a statement on the article or its wrapper as to the number, measure, or weight, or as to the place of production or origin of the article.

Violations hereof are punished with fines up to 600 kroner.

In case of violation of the above sections, the courts are authorized by section 15 to award damages to the injured party to the extent of 1,000 kroner, even where the extent of the damage can not be ascertained.

A number of decisions have been rendered since the passage of this law relative to the scope of section 13, prohibiting the giving of premiums. Several of these cases follow:

1 Tilgift has no English equivalent; literally it means good measure or extras.
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The Danish Supreme Court1 gave judgment against the American Tobacco Co. for giving away a coupon with each box of cigarettes sold, and promising to give free a photogravure for 100 of these

coupons.

The same court fined a dealer in coffee, tea, and cocoa, etc., who gave to each of his regular customers, so-called "coffee customers," who bought at least one-fourth kilogram of coffee, one-eighth kilogram of tea, or one-fourth kilogram of cocoa, coupons to the value of 12 or 25 øre, which were good in payment for certain glass, porcelain, or leather goods. The court held that these coupons constituted a premium or "tilgift" in the sense of section 13.2

Similarly, a merchant was held guilty of unfair competition who gave to his regular customers, provided they bought at least 2 kroner worth of goods during the week, a Saturday "tilgift," consisting of some merchandise.

Defendant had given gratis a box of matches with every sale of three cigars at 17 øre. The court held this was in the nature of a "tilgift" according to section 13 of the law of June 8, 1912, and imposed a fine on defendant.*

Defendant gave gratis coupons with each sale of Stollwerck's cocoa. In return for these coupons certain articles of merchandise were given on which was stamped either the name "Stollwerck" or "Trojel & Meyer," the latter being the business name of defendant, who was local agent for Stollwerck. Defendant claimed that these gifts were distributed at the factory's expense for the sole purpose of advertising Stollwerck's cocoa without thereby increasing the prices of goods, and that every retailer who sold this cocoa was obligated by the factory to distribute such advertising articles to purchasers of the factory's products. The court held that section 13 of the law of June 8, 1912, prohibits the giving of a "tilgift" (premium) by retailers without considering for whose account or in whose interest this is done, and that retail dealers under this law should not assist in distributing advertising material of the kind under consideration. The main purpose of this law, the court said, is to put an end to the premium abuse among retailers. The defendant was held guilty and fined."

The selling of goods by retail merchants below the fixed resale price stamped upon the wrappers is punishable under part 3 of section 13.

1 Höjesteret, 7. Nov. 1913, Nr. 281, Direktor American Tobacco Comp. Alfred Christensen mod de Köbenhavnske Handelsforeningers Faellesrepraesentation; Höjesteretstidende, 1913, p. 600.

2 Höjesteret, 6 Okt. 1913, Bache mod Christiansen; Höjesteretstidende, 1913, p. 456 fol. * Höjesteret, 21 Okt. 1914, No. 273, Bache mod Johan Gresel; Höjesteretstidende, 1914, p. 504. Det Offentlige mod Tiltalte Cigarhandler Carl Rasmussen, 3. Juni 1913; Ugeskrift for Retsvaesen, 1913, p. 669.

Det Offentlige mod Tiltalte Materialist Hans Trojel, 28. Januar 1913; Ugeskrift for Retsvaesen, 1913, p. 320.

This provision was applied in the case of a bicycle dealer who had sold bicycle tires for 9 kroner 35 øre on which the manufacturer had stamped a fixed retail price of 12 kroner.1

Section 14. Norway.

Several provisions of the Norwegian Penal Code and Trade-Mark Law, relate to certain particular acts of unfair competition. A special law covering the whole subject is also in the course of preparation.

PENAL CODE.-Section 294 of the Penal Code prohibits a person from inducing another to do an unlawful act or from disclosing or using trade secrets without authority. The language of this section. is as follows:

SEC. 294. With fine or imprisonment up to six months is punished whoever— (1) In order to cause or confirm an error unlawfully induces another to commit an act by means of which pecuniary loss is caused to the one who does the act or to the one for whom he acts, or who aids such an act; or

(2) Uses in an unauthorized way any business or trade secret of an establishment in which he is employed or interested or has been employed or interested during the preceding two years, or reveals such a secret for the purpose of enabling anyone else to make use of it, or whoever by seduction or instigation aids or abets such an act.

Public prosecution takes place only if the injured party demands it and public considerations seem to require it.

Section 370 prohibits the circulation of misleading statements regarding articles offered for sale and the misuse of the Geneva cross on articles for sale.

SEC. 370. Whoever, in regard to articles offered for sale, publishes or disseminates incorrect statements concerning their composition, industrial legal protection, or awards of distinction, or whoever publishes or disseminates designations or statements which in such respects are adapted to mislead, is punished by fine. The same applies to him who upon articles intended for sale or upon their covering places without authority the Geneva cross or marks, which create the supposition that the articles enjoy industrial protection, or who has for sale articles which are marked in this manner.

Section 247 prescribes a penalty of fine or imprisonment, not to exceed six months, for inducing a person to believe anything calculated to injure the good name and reputation of another or to expose him to hatred or contempt or the loss of confidence necessary for his position or business. Section 362 prohibits the wilful and negligent sale of foodstuffs as pure or unadulterated, when they are not, and also the manufacture of such articles, if intended to be sold as pure or unadulterated.

1 Höjesteret, 3 Okt. 1913, Nr. 339, Bache mod Direktor Carl Christian Rammel; Höjesteredstidende, 1913, p. 450 fol.

TRADE-MARK LAW.-Section 5 of the trade-mark law of 19101 relates to the rights of the owner of a registered trade-mark.

SEC. 5. The protection obtained by registration brings with it the effect that no one else than the owner of the mark can place the same mark on goods of the same or similar kind that are or are to be offered for sale, or upon their wrappers, or upon advertisements, signs, price lists, business letters, recommendations, bills, and the like, or can offer for sale or sell goods so marked.

This protection is not to hinder anyone from using his name or his firm name as a mark for his goods.

Sections 22 to 24 relate to the unauthorized use of trade-marks, names, or firm names.

SEC. 22. He who on goods that are offered or are to be offered for sale, upon their wrappers or the other objects treated in section 5, unauthorizedly places: (a) Another's mark, protected by registration, for goods of the same or like character;

(b) Another's name or firm name; or

(c) Anything that is calculated in ordinary transactions to create confusion in these particulars, or who unauthorizedly offers for sale or deals in goods so marked, may, after prosecution by the injured party, forfeit his right thereto.

If he has had knowledge of the other's better right, he is punished with fines or imprisonment up to three months. In this event, as well as if he by his negligence has made himself guilty, he is liable for the damage caused. Public prosecution takes place only on the demand of the injured party.

SEC. 23. Goods that are offered or are to be offered for sale, their wrappers or the other objects treated in section 5, must not unauthorizedly be given the mark or outward appearance which within the business circles concerned is known as the special mark of another establishment for goods of the same or like character, nor must the goods so marked or of such an outward appearance be offered for sale or sold, if thereby there is danger of confusion with reference to the business house from which the goods originated.

He who acts in contravention to this may, after prosecution by the injured party, forfeit the right to use the mark or emblem or to offer the goods for sale. If he has had knowledge of the other's better right, he is punished with fines and is liable for the damage caused. Public prosecution takes place only on the demand of the injured party.

SEC. 24. He who, on the goods that are offered or are to be offered for sale, on their wrappers or the other objects treated in section 5, places his name or his firm name in such a way that it is calculated to cause confusion with a trade-mark that another rightfully uses for goods of the same or like kind, or who offers or sells goods so marked, may, after prosecution by the injured party, forfeit the right thereto.

If it has been his intention to bring about such confusion as named, he is punished by fines and is liable for the damage caused. Public prosecution takes place only on demand of the injured party.

Section 25 of this law, which prohibits the sale or offering for sale of goods bearing false indications of origin, is as follows:

SEC. 25. On goods that are offered or are to be offered for sale, on their wrappers, or other objects treated in section 5, incorrect information must not be placed regarding the place of origin of the goods, nor must anything be stated

1 Lov om varemerker og om utilbörlige varekjendetegn og forretningsnavn, av 2. juli, 1910; Thorsen, Lov om Det industrielle retsvern, Kristiania, 1911, p. 39.

that is calculated in any particular to create confusion, nor must goods so marked be offered for sale or sold.

He who acts in contravention to this can be compelled to refrain from using the incorrect statement in connection with the offer of the goods for sale.

If he has used the incorrect statement against his better knowledge, he can be held liable for the damage caused.

If he has had the intention to deceive others with reference to the nature of the goods, their contents, composition, or value, he is punished therefor by fines.

Under the foregoing provision are not included such place names which, according to the usual business customs, are intended to describe the nature of the goods but not their origin.

The King may, however, with reference to agreements with a foreign country, stipulate that imports into the Kingdom of goods with such statements as were treated in the preceding paragraph shall not be permitted unless the goods are accompanied by completely satisfactory explanations that they are genuine goods originating in the country or section of country concerned. In the same manner the King may forbid the offering for sale or the sale within the Kingdom of goods under such statements as named unless the goods are genuine or originate in the country or section of country concerned.

Violation of the prohibition specified in the preceding paragraph is punished with fines.

Sections 26 and 27 relate to the unlawful use of names calculated to produce confusion.

SEC. 26. He who gives his occupation or business undertaking such a name that it is calculated to cause confusion with a name that another already rightfully uses for his occupation or his business undertaking of the same or similar character, may, after prosecution by the injured party, forfeit the right thereto. If it has been his intention to cause such confusion, he is punished by fines and is liable for the damages caused. Public prosecution takes place only on the demand of the injured party.

SEC. 27. He who has used trade-marks or business emblems in violation of the present law is obliged on the demand of the injured party to change or withdraw the designation. If the withdrawal or change can not take place, the objects on which it is found may be ordered confiscated.

The confiscated objects may, after an agreement between the convicted and the injured parties, be surrendered to the latter for sale as compensation due him.

Section 15. Sweden.

Swedish law contains very few provisions applicable to unfair competitive practices. The Government has appointed a committee, which is now engaged in preparing a special law against unfair competition.

The royal ordinance respecting the prohibition of importation into the realm of goods bearing a false indication of origin of November 9, 1888, provides: 1

SEC. I. (1) When upon goods imported into the realm from abroad for sale here there is affixed the name of a place, of real estate [landed estate], of a com

1 Reports from His Majesty's representatives abroad on the laws in force in the principal foreign countries to prevent the sale of goods bearing a false indication of origin, London, 1911, p. 144.