2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
392-C - Obliteration of marks of origin.

 
    §  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.