§ 275. Definitions. As used in this article: (a) “Name, mark or device” means any word, name, symbol, picture, design or any combination thereof, produced upon, and used by a person to indicate ownership of vessels, receptacles or utensils. (b) “Person” means any individual, firm, partnership, corporation, association, union or other organization. (c) “Produced upon” […]
§ 276. Filing of statement. A person who uses in this state a name, mark or device to indicate ownership of vessels, receptacles or utensils may file in the office of the secretary of state, on a form to be furnished or approved by him, a statement subscribed by such person and affirmed by him […]
§ 277. Certificate of filing. Upon compliance with the requirements of this article, the secretary of state shall cause a certificate to be issued and delivered to the person filing the statement. The certificate shall be issued over the signature of the secretary of state and the seal of the department of state, and it […]
§ 278. Filing under prior law. At the end of twelve months following the effective date of this article, the secretary of state shall cancel all certificates issued under sections three hundred sixty and three hundred sixty-one of article twenty-four of the general business law, unless a new statement shall have been filed under this […]
§ 279. Assignment. The certificate of the filing of any name, mark or device under this article and the benefits obtained thereunder shall be assignable with the sale of the vessels, receptacles or utensils on which the same are produced and used. Assignments shall be made upon forms supplied by the secretary of state, which […]
§ 279-a. Records. The secretary of state shall keep for public examination a record of all names, marks or devices filed under this article.
§ 279-b. Cancellation. The secretary of state shall cancel from the register: (1) Any certificate concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the person filing or from the assignee; (2) Any certificate in respect of which a court of competent jurisdiction shall order cancellation on any legal […]
§ 279-c. Deposits on vessels, receptacles or utensils. The requiring, taking, paying or accepting of any deposit for any purpose upon any vessel, receptacle or utensil shall not be deemed to constitute a sale of such property, either optional or otherwise, for the purposes of this article.
§ 279-d. Prohibited acts. It is hereby declared unlawful for any person to fill or use, to give, buy, take, destroy, sell or otherwise dispose of, or traffic in, vessels, receptacles or utensils, upon which a name, mark or device which has been filed hereunder is produced, or refuse to return such vessel, receptacle or […]
§ 279-e. Penalties. Any person offending against the provisions hereof shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment of not less than ten days nor more than one year, or by a fine of not less than one dollar nor more than five dollars for each […]
§ 279-f. Presumption. The possession by any junk dealer or dealer in second-hand materials or articles, without the written consent of the person who filed hereunder or his assignee, of any vessels, receptacles or utensils upon which a name, mark or device has been produced shall be presumptive evidence of a violation of this article.
§ 279-g. Search warrant to discover vessels, receptacles or utensils. Whenever any person who has filed under this article, or his authorized agent, shall make oath before any magistrate or court of competent jurisdiction that he has reason to believe, and does believe, that a violation of this article is occurring with respect to one […]
§ 279-h. Construction. Nothing in this article shall be construed as preventing the enforcement of rights and remedies under any other statute concerning vessels, receptacles or utensils upon which a name, mark or device indicating ownership thereof has been produced, whether or not such name, mark or device has been filed hereunder.
§ 279-i. Saving clause. No suit, proceeding or appeal pending on the effective date of this article shall abate or be affected in any way by reason of the enactment of this article.
