Title 6, Commerce and Trade

§ 3308. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter.60 Del. Laws, c. 612, § 1;

§ 3309. Cancellation. The Secretary of State shall cancel from the register: (1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter; (2) Any registration concer…

§ 3310. Classification. Classification shall be as that which is enforced at the time of application under the classification system used by the United States Patent Office.60 Del. Laws, c. 612, § 1;

§ 3311. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under this chapter, by knowingly making any false or fraudulent representation or…

§ 3312. Infringement. Subject to common-law rights as set forth in § 3315 of this title, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the…

§ 3313. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law or a trade name valid at common law, shall be a ground for injunctive reli…

§ 3314. Remedies, including injunctions against forged or counterfeited trademarks, service marks, or copyrighted or registered designs. (a) The State finds and declares that the citizens of this State have a right to receive those goods and services which they reasonably believe…

§ 3315. Common-law rights. Nothing herein shall adversely affect the rights or the enforcement of the rights in marks acquired in good faith at any time at common law.60 Del. Laws, c. 612, § 1;

§ 3401. Definitions. As used in this chapter: (1) “Energy service agreement” means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner’s home and/or service the residential heatin…

§ 3402. Mandatory provisions for energy service agreements. (a) An energy service agreement must contain the following provisions: (1) All charges associated with the commencement of the services provided by the energy service company, listed with specificity; (2) All charges ass…

§ 3403. Provision of information to purchasers of residences. (a) When the owner of any residence subject to an energy service agreement enters into a contract for the sale of such residence, the owner must provide the energy service company with notice thereof at least 30 days p…

§ 3404. Limitation of liability upon transfer of residential heating system equipment. If the owner of a residence requires the settlement of residential heating system equipment pursuant to § 3402(a)(3) of this title, the purchasing energy service company shall perform such insp…

§ 3405. Private rights of action. This chapter does not afford any person or any energy service company a private right of action for damages or rescission of the agreement of sale for the residence, and no such right of action shall be implied from any of its provisions, except …

§ 3501. Definitions. As used in this chapter: (1) “Billing period” means the payment cycle agreed to by the parties, or, in the absence of an agreement, the calendar month within which the work is performed. (2) “Contractor” includes, but is not limited to, an architect, engineer…

§ 3502. Payments to contractor impressed with trust. All moneys or funds received by a contractor in connection with a contract for the erection, construction, completion, alteration or repair of any building or for additions to a building and all moneys or funds received by a co…

§ 3503. Use or application of money received by contractor. No contractor, or agent of a contractor, shall pay out, use or appropriate any moneys or funds described in § 3502 of this title until they have first been applied to the payment of the full amount of all moneys due and …

§ 3504. Contractor’s failure to use or apply money in accordance with § 3503 of this title. Failure of a contractor, or of an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, association of persons or corporations (i…

§ 3505. Penalties. Whoever, being a contractor, or any agent of a contractor, pays out, uses or appropriates, or consents to the paying out, use or appropriation of any moneys or funds received for any of the purposes specified in § 3502 of this title, prior to paying in full or …

§ 3506. Interest penalties on late payments. (a) Each construction contract awarded by an owner shall include: (1) A payment clause which obligates the owner to pay the contractor for satisfactory performance under the contract within 30 days of the end of the billing period; (2)…

§ 3507. Payments due. (a) The owner shall pay the contractor strictly in accordance with the terms of the contract. (b) If the terms of the contract do not contain a term governing payment, the contractor shall be entitled to submit an invoice to the owner for payments at the end…

§ 3508. Procedure for dispute of claims. (a) If an owner or contractor disputes any amounts stated in an invoice for payment, then: (1) The party disputing the invoice must notify the other party in writing within 7 days of the receipt of the disputed invoice; and (2) The party d…

§ 3509. Attorneys’ fees and litigation costs. (a) Award of attorneys’ fees and arbitration costs. — If arbitration or litigation is commenced to recover payment due under § 3507 of this title and it is determined that the owner, contractor or subcontractor has failed to comply wi…

§ 3601. Definitions. As used in this subchapter: (1) “Buyer” means any individual, partnership, corporation or trustee purchasing any estate or interest in a new residential real property or new dwelling. (2) “Final settlement” means the time at which the parties have signed and …

§ 3602. New home construction; unfinished work and the escrow of moneys. (a) If any unfinished work is discovered prior to or at the time of the previously agreed upon final settlement date on new residential real property or a new dwelling, the vendor and/or seller shall be requ…

§ 3603. Remedies and penalties. (a) In any successful action brought by a buyer for failure to acknowledge unfinished work subject to the escrow provisions of § 3602 of this title or failure to escrow the contractual cost or the fair market value required to complete the unfinish…

§ 3651. Definitions. As used in this subchapter: (1) “Construction” includes construction, erection, building, alteration, repair, reconstruction and destruction of improvements to real property. (2) “Improvement” includes buildings, roads, streets, entrances and walkways of any …

§ 3652. Economic loss relating to improvements to residential real property. No action based in tort to recover damages resulting from negligence in the construction or manner of construction of an improvement to residential real property and/or in the designing, planning, superv…

§ 3681. Definitions [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3]. As used in this subchapter: (1) “Builder” means any individual, trustee, partnership, corporation, or other entity contracting with an owner for the construction of a new dwelling. (2) “Buyer” m…

§ 3682. Disclosure of automatic fire sprinkler system information [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3]. At the time of or prior to agreeing to final pricing for construction of a new dwelling with a buyer, a builder shall provide the buyer with a copy …

§ 3683. Remedies and penalties [For applicability of subchapter, see 80 Del. Laws, c. 145, § 3]. (a) In addition to any remedies the buyer may have at law or in equity, whenever it appears to the Attorney General or Director of the Division of Consumer Protection that a person ha…

§ 3701. Definitions. As used in this chapter: (1) “Consumer” means a person who buys for personal use, or for the use of another but not for resale. (2) “Secondhand” watch means: a. A watch which, as a whole, or the case thereof, or the movement thereof has been previously sold t…

§ 3702. Seller’s record of watches sold to consumers; inspection. The seller’s record of sold watches containing the information specified in § 3701 of this title shall be kept for at least 3 years from the date of the sale of the watch and shall be open for inspection during all…

§ 3703. Tagging. Any person, or any agent or employee thereof, who sells a secondhand watch, shall affix and keep affixed to the same a tag with the words “secondhand” legibly written or printed thereon in the English language.41 Del. Laws, c. 198, § 2; 6 Del. C. 1953, § 3703;

§ 3704. Invoice to vendee; contents, duplicate and inspection. Any person, or any agent or employee thereof, who sells a secondhand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date o…

§ 3705. Advertising. Any person advertising in any manner secondhand watches for sale shall state clearly in such advertising that the watches advertised are secondhand watches.41 Del. Laws, c. 198, § 4; 6 Del. C. 1953, § 3705;

§ 3706. Penalties. Whoever violates this chapter shall be fined not less than $100 nor more than $500, or imprisoned not more than 3 months, or both.41 Del. Laws, c. 198, § 5; 6 Del. C. 1953, § 3706;

§ 3801. Definitions. As used in this chapter unless the context requires a different meaning: (1) “Broadcast” means the transmission of information by means of radio or television facilities. (2) “Notice” means any notice that is required by law to be published. (3) “Station” mea…

§ 3802. Supplemental publication. (a) Any state or other public officer who is required by law to publish any notice, may supplement publication thereof by causing such notice or a concise summary or description thereof to be broadcast at such times and with such frequency determ…

§ 3803. Broadcast requirements. (a) In the broadcast of the notice or material under this chapter, no reference by name to any person who is a candidate for elective public office at the time of the broadcast shall be made. (b) Each station that broadcasts any notice or material …

§ 3804. Affidavit. Proof of publication of the notice or other material under this chapter shall be by affidavit of the owner, manager, assistant manager or program director of the station, in substantially the following form: AFFIDAVIT OF BROADCAST State of Delaware, County of__…

§ 3805. Selection of stations. All public officials performing functions under this chapter shall select stations that best assure effective publicity for the notice or material being broadcast, based on the nature of the notice or material being broadcast.6 Del. C. 1953, § 3805;…

§ 3806. Payments. The cost of such broadcast shall be paid out of the funds of the agency in whose behalf the broadcast is made.6 Del. C. 1953, § 3806; 56 Del. Laws, c. 471.;

§ 3901. Publication of public notices on Sunday. Whenever, under any general or special law or charter in this State, any person is authorized to issue or publish any newspaper or newspapers on Sunday, any and every official or public notice, rule, order, proclamation, announceme…

§ 4001. Definitions. As used in this chapter, the following words shall have the meaning ascribed to them: (1) “Clinically ill” means an illness that is apparent to a licensed veterinarian based on observation, examination, or testing of the dog. (2) “Nonelective surgical procedu…

§ 4002. Information provided at time of sale. (a) Every seller shall, at the time of sale, deliver to the purchaser of each dog a written statement containing the following information: (1) The date of the animal’s birth, if known; the breeder’s name and address, if known; and th…

§ 4003. Seller disclosure. (a) Upon the sale of a dog by any seller, a written disclosure signed and dated by the seller and purchaser shall be provided at the time of sale, which shall include: (1) A statement by the seller: a. That the animal has no known disease or illness, no…