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This entry was published on 2014-09-22
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SECTION 392-C
Obliteration of marks of origin
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 392-c. Obliteration of marks of origin. 1. Definitions. As used in
this section:

(a) "Person" shall be deemed to include a firm, partnership,
association or corporation.

(b) "Sell" shall be deemed to include offer to sell, expose for sale,
and possess with intent to dispose of or to sell.

(c) "Article of merchandise" shall be deemed to include a cask,
bottle, stopper, vessel, case, cover, wrapper, package, band, ticket,
label or other thing containing or covering an article of merchandise,
or with which an article of merchandise is intended to be sold, or is
sold.

(d) "Mark of origin" shall be deemed to mean and include any name,
mark or indication of the place or country from which an article of
merchandise was imported into the United States of America or its
insular possessions, or the name, mark or indication of the place or
country in which an article of merchandise was manufactured, packed,
assembled, grown or produced.

(e) "Remove" shall be deemed to include deface, alter and obliterate.

(f) "Conceal" shall be deemed to include the original placing of a
mark of origin upon an article of merchandise in any manner whatsoever,
or the arranging or combining of two or more articles of merchandise
into a single unit whereby the mark of origin is removed from open view,
or is rendered illegible or inconspicuous.

(g) The terms "remove" and "conceal" are not to be deemed mutually
exclusive.

2. Any person who wholly or in part removes or conceals or who shall
cause to be, wholly or in part, removed or concealed from or upon an
article of merchandise the mark of origin; or who sells or causes to be
sold an article of merchandise from or upon which to his or its
knowledge, or to the knowledge of his or its agents, servants or
employees there has been in whole or in part, removed or concealed the
mark of origin, or who sells or causes to be sold an article of
merchandise from the inspection of which such knowledge could have been
obtained, shall be guilty of a misdemeanor, provided that it shall not
be deemed a violation of this section if at the time of sale said
article of merchandise and the immediate and outer container or
containers thereof shall be marked, stamped, tagged, branded or labeled
in legible and conspicuous English words with said mark of origin or the
concealment thereof shall have completely ceased.

3. The sale of an article of merchandise from which there has been in
whole or in part removed or concealed a mark of origin shall be
presumptive evidence of the violation of this section.