COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. APPLICATION Calendar No. SDCL 43-44-3 : Return to: EMBLEM REGISTRATION SECRETARY OF STATE : STATEPlaintiff(s) DAKOTA JUDICIAL SUBPOENA OF SOUTH State Capitol Building FILING FEE: $50.00 Pierre, SD 57501-5077 -against: Please make check payable to Secretary of State (605) 773-3539 ATTACH two specimens or facsimiles of the Emblem. : : 1. Applicant: Defendant(s) : ...................................................... Address: County: State: City: Zip Code: 2. If THE PEOPLE OF THE STATE OF NEW YORK a corporation, where incorporated: 3. If TO a partnership, list name and address of partner(s): 4. If an association, etc, list name and address of officer(s): GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room day of , 20 , at o'clock in the noon, and at any recessed 5. Name of Emblem: , on the or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 6. Description of the Emblem: the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable 7. Mode or manner in which the Emblem is used: Court in County, day of , one of the Justices of the , 20 (Attorney must sign above and type name below) 8. Date the Emblem was first used by Applicant or Predecessor: a. In the United States b. Attorney(s) for In the State of South Dakota The application must be signed, in the presence of a notary public. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : State of ) ) SS ) County of : Calendar No. : Plaintiff(s) -against- I, Index No. JUDICIAL SUBPOENA : , (Print Name of Applicant) (title) : of (corporation-partnership-association) : Defendant(s) : do solemnly . . . . . . that .the. above .named. applicant .is .the .owner .of. the Emblem and that no other person has he . . . . . . swear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . right to use such Emblem in the State of South Dakota either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor. DatedTHE PEOPLE OF THE STATE OF NEW YORK (Applicant Signature) TO (Title) GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Subscribed and sworn to before me this_________ daythe ______________ month/year the Honorable at of Court , located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (Notary Public) Notarial Seal Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ________________________ the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a My Commission Expires result of your failure to comply. INSTRUCTIONS: Witness, Honorable Court in County, 1. Please type or print clearly in blackday of ink. , one of the Justices of the , 20 2. Two specimens or facsimiles of the Emblem must accompany this form. 3. A single copy of the application should be filed. 4. The application must be signed by the applicant. (Attorney must sign above and type name below) Attorney(s) for 5. The signature of the application must be notarized. The signature and seal Notary Public must appear on the form. 6. The $50.00 filing fee must accompany the form. All applications received without the required fee must be Office and P.O. Address returned to the sender requesting the proper fee be submitted. Please make all checks payable to the Secretary of State. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. SOUTH DAKOTA CODIFIED LAWS CHAPTER 43-44 : Calendar No. EMBLEMS OF ASSOCIATIONS Section 43-44-1. 43-44-2. 43-44-3. 43-44-4. 43-44-5. : 43-44-6. 43-44-7. 43-44-8. . 43-44-9. . 43-44-10. 43-44-11. . JUDICIAL SUBPOENA Insignia of fraternal, historical, military or labor organizations -- Right of registration, alteration or cancellation. Plaintiff(s) Deceptive emblem -- Registration forbidden. -against: Application for registration of emblem -- Officers authorized to make -- Verification -- Copies of emblem. False or fraudulent representation to procure filing and registration as misdemeanor. Application for registration, alteration, cancellation or transfer of registration:of emblem -- Receipt and filing by secretary of state -Issuance of certificate -- Indexing. Fees of secretary of state for registration, alteration or cancellation of certificate -- Transfer of registration -- Searches, certified copies, : and other official acts required under chapter. Registration records -- Indexing by secretary of state -- Contents. Defendant(s) Prima facie evidence of right to exclusive use of registered emblem -- Rights:of prior owner not affected. ..... ................. ..... Persons.benefited by registration of.emblem.. . . . . . . . . . . . . . . . . . . . . . Unauthorized use or wearing of registered emblem -- Classification of offense. Enjoining unlawful use of emblem of fraternal, historical, military or labor organization -- Right to damages. 43-44-1. Insignia of fraternal, historical, military or labor THE PEOPLE OF THE STATE OF NEW YORK organizations -- Right of registration, alteration or cancellation. Any association, lodge, order, fraternal society, beneficial TO association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not GREETINGS: repugnant to the Constitution and laws of the United States or this state, may register in the office of the secretary of state a facsimile, duplicate, or description of its name, badge, motto,that all business WE COMMAND YOU, button, decoration, charm, rosette, or other insignia hereinafter referred to as the Honorable an emblem, and may, by reregistration alter or cancel the same. located at County of 43-44-2. Deceptive emblem -- Registration forbidden. No in shall , alteration day of registrationroombe granted, noron the permitted of any emblem or adjourned date, which has and give evidence as a so nearly resembling any other to testify been theretofore registered, as to be calculated to deceive or mislead. and issuing certificate of registration, alteration, or cancellation shall be five dollars. The fee for filing any assignment or other transfer of registration shall be one dollar. The fee for searches, certified copies, and other official acts of the secretary of state, required under the provisions of this chapter, shall be the same as provided by law for similar services except as otherwise specifically provided in this chapter. 43-44-4. False or fraudulent representation to procure filing and registration as misdemeanor. Any person who makes a false or fraudulent representation to procure the filing and registration of any emblem as defined in this chapter is guilty of a Class 2 misdemeanor. 43-44-5. Application for registration, alteration, cancellation or transfer of registration of emblem -- Receipt and filing by secretary of state -- Issuance of certificate -- Indexing. The secretary of state shall receive and file all applications under the provisions of this chapter, and shall issue a certificate of registration to the applicant, if the emblem is entitled to registration under the provisions of this chapter. Applications for cancellation or alteration of registrations shall likewise be received and filed, and certificates thereof issued. Assignments or other transfers of registrations shall likewise be received, and filed, and noted on the index of such registrations. 43-44-10. Unauthorized use or wearing of registered emblem -- Classification of offense. It is a petty offense for any person to use any emblem which has been registered under the provisions of this (Attorney must sign above and type name below) chapter, or one so nearly resembling it as to be calculated to deceive or mislead, unless he is entitled to wear or use it under the constitution, bylaws, rules, or regulations of the lodge, association or organization registering the emblem. Any person who intentionally Attorney(s) for wears, exhibits, displays or uses, for any purpose, the emblem of an association or organization registered under the provisions of this chapter, unless he is entitled to use and wear the same under the constitution, bylaws, rules or regulations of such association or organization, is guilty of a Class 2 misdemeanor. 43-44-7. Registration records -- Indexing by secretary of state -- Contents. The secretary of state shall keep a properly and excuses being laid aside, you and each of you attend before indexed record of all registrations provided for by this chapter, which at the record shall also show any altered or canceled registration, and any Court assignments or transfers thereof. , 20 , at43-44-8. Prima facie evidence of right to exclusive use of o'clock in the noon, and at any recessed witnessregistered emblem --the partof prior owner not affected. in this action on Rights of the Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the 43-44-3. Application for registration of emblem -- Officers emblem registered, but it shall not affect the rights of any prior owner authorized to make -- Verification -- Copies of emblem. or proprietor of the emblem, who has established rights therein by Application for registration of an emblem shall be made by the chief Your failure to comply with this subpoena is punishable as notorious, and of court use, and upon which prior use to prior, open, a contempt exclusive and will make you liable officer or officers of thewhose behalf this subpoena was issued for a the said registered emblem $50 and all damages sustained as a the party on association, lodge, order, fraternal society, maximum penalty of is an infringement, counterfeit, or beneficial association, or fraternal and beneficial society or imitation, calculated to mislead or deceive. result of your failure to comply. association, historical, military, or veterans' organization, labor 43-44-9. Persons benefited by registration of emblem. The union, foundation, federation, or any other society, organization, or registration shall be for the benefit of the registrant and his association, degree, Witness, Honorable or auxiliary thereof, branch, subordinate lodge , persons using the same under successors, assigns, andone of the Justices of the his permission upon blanks to be provided by the secretary of state. Applications for or license, express or implied, and according to the laws governing Court in County, day copies of , 20 registration shall be verified and have attached thereto twoof the succession, assignment, and use of personal property generally. the emblem for which registration is sought. 43-44-6. Fees of secretary of state for registration, alteration or cancellation of certificate -- Transfer of registration -Searches, certified copies, and other official acts required under chapter. The fee of the secretary of state for filing the application Office Enjoining unlawful 43-44-11. and P.O. Address use of emblem of fraternal, historical, military or labor organization -- Right to damages. Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin Telephone No.: of the same, or any infringement, the unauthorized use counterfeit, or imitation thereof; and in such action may have Facsimile No.: judgment for injunction, damages, including profits acquired by the E-Mail Address: defendant, and order for destruction of all counterfeits or imitations, Mobile rights of such person established in such action. according to theTel. No.: American LegalNet, Inc. www.USCourtForms.com ,