§ 392-C — Obliteration of marks of origin

§ 392-c. Obliteration of marks of origin. 1. Definitions. As used in\nthis section:\n (a) "Person" shall be deemed to include a firm, partnership,\nassociation or corporation.\n (b) "Sell" shall be deemed to include offer to sell, expose for sale,\nand possess with intent to dispose of or to sell.\n (c) "Article of merchandise" shall be deemed to include a cask,\nbottle, stopper, vessel, case, cover, wrapper, package, band, ticket,\nlabel or other thing containing or covering an article of merchandise,\nor with which an article of merchandise is intended to be sold, or is\nsold.\n (d) "Mark of origin" shall be deemed to mean and include any name,\nmark or indication of the place or country from which an article of\nmerchandise was imported into the United States of America or its\ninsular possessions, or the name, mark or indication of the place or\ncountry in which an article of merchandise was manufactured, packed,\nassembled, grown or produced.\n (e) "Remove" shall be deemed to include deface, alter and obliterate.\n (f) "Conceal" shall be deemed to include the original placing of a\nmark of origin upon an article of merchandise in any manner whatsoever,\nor the arranging or combining of two or more articles of merchandise\ninto a single unit whereby the mark of origin is removed from open view,\nor is rendered illegible or inconspicuous.\n (g) The terms "remove" and "conceal" are not to be deemed mutually\nexclusive.\n 2. Any person who wholly or in part removes or conceals or who shall\ncause to be, wholly or in part, removed or concealed from or upon an\narticle of merchandise the mark of origin; or who sells or causes to be\nsold an article of merchandise from or upon which to his or its\nknowledge, or to the knowledge of his or its agents, servants or\nemployees there has been in whole or in part, removed or concealed the\nmark of origin, or who sells or causes to be sold an article of\nmerchandise from the inspection of which such knowledge could have been\nobtained, shall be guilty of a misdemeanor, provided that it shall not\nbe deemed a violation of this section if at the time of sale said\narticle of merchandise and the immediate and outer container or\ncontainers thereof shall be marked, stamped, tagged, branded or labeled\nin legible and conspicuous English words with said mark of origin or the\nconcealment thereof shall have completely ceased.\n 3. The sale of an article of merchandise from which there has been in\nwhole or in part removed or concealed a mark of origin shall be\npresumptive evidence of the violation of this section.\n