New York Agriculture and Markets Code § 71

Registration of mark; defacing mark; seizure
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§ 71. Registration of mark; defacing mark; seizure. Any person owning\nmilk cans, jars, bottles, bottle cases or carton cases upon which he has\nplaced or desires to place any designating mark may register the said\ndesignating mark with the commissioner, who shall keep a record thereof,\nand he may also register with the commissioner, from time to time, the\nnumber of such cans, jars, bottles, bottle cases or carton cases, which\nhe has or is to have, which do or may bear such designating mark. Such\ncans, jars, bottles, bottle cases or carton cases may, after such\nregistration be numbered consecutively and such consecutive numbers may\nbe registered in the department, as above provided, with the designating\nmark.  If any such can, jar, bottle, bottle case or carton case, bearing\nsuch designating mark, shall be found in possession of, and being used\nby any person other than the one so registering the same it shall be\npresumptive evidence of a violation of the provisions of this article,\nunless such person has the consent of the owner thereof to so have and\nuse the same.\n  No person, except the original owner thereof, or a person duly\nauthorized by him so to do, shall remove, deface or erase any of the\nmarks upon the cans, jars, bottles, bottle cases or carton cases herein\nprovided for.\n  When the commissioner, or any person duly authorized by him, shall\nfind any such cans, jars, bottles, bottle cases or carton cases, bearing\nsuch registered designating mark, in the possession of or being used by\nanother person than the owner thereof, he may seize the same, and if\nevidence is produced in three days showing that such person had been\ngiven permission to have or use such cans, jars, bottles, bottle cases\nor carton cases, then they shall be delivered by the commissioner, or\nhis agents, to the person from whom taken, otherwise the commissioner\nshall notify the owner of such cans, jars, bottles, bottle cases or\ncarton cases, that he has the same and upon application deliver the same\nto such owner.\n

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