Title 6 — Commerce and Trade

§ 2603. Special cost provisions. (a) Markup on sales at wholesale on cash and carry basis. — In any sale of cigarettes at wholesale on a cash and carry basis (i.e., where cigarettes are not delivered unless the full price thereof is received by the seller at or before delivery an…

§ 2604. Combination sales and concessions. It is unlawful for any wholesaler, with the purpose or intent specified in § 2601 of this title, to: (1) Sell cigarettes in combination with any other item or items of merchandise where any such other item is given free of charge or sold…

§ 2605. Exceptions. (a) Clearance sales, liquidation sales, etc. — This chapter shall not apply to sales at wholesale: (1) Where cigarettes are imperfect, damaged or being discontinued, if advertised and marked as such, and the quantity and quality is accurately, clearly and cons…

§ 2606. Evidence. (a) Prima facie evidence of intent. — In any action or proceeding pursuant to this chapter, including proceedings before the Secretary relating to licenses, proof of a sale of cigarettes or any other item or items in combination or in connection with cigarettes …

§ 2607. Remedies. (a) Injunction; action for damages. — The Secretary or any person affected by an act in violation of this chapter, may file a complaint in the Court of Chancery for the county in which the alleged unlawful practice has been or is to be partially or completely pe…

§ 2608. Administration and enforcement. The Secretary shall enforce this chapter and shall, within the limitations of available appropriations, and in accordance with the laws of this State: Employ and fix the duties and compensation of inspectors and other personnel necessary to…

§ 2701A. Title. This chapter may be cited as the “Asset-Backed Securities Facilitation Act.”73 Del. Laws, c. 214, § 1;

§ 2702A. Intent. It is intended by the General Assembly that the term “securitization transaction” shall be construed broadly.73 Del. Laws, c. 214, § 1;

§ 2703A. Securitization transaction. (a) Notwithstanding any other provision of law, including, but not limited to, § 9-506 of this title, “Debtor’s right to redeem collateral,” as said section existed prior to July 1, 2001, and § 9-623 of the title, “Right to redeem collateral,”…

§ 2901. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Automotive products” shall mean any product sold or distributed by a retail dealer …

§ 2902. Price signs on fuel pumps and premises. (a) Every retail dealer in motor fuel shall publicly display and maintain on each pump or other dispensing device, from which motor fuel is sold, at least 1 sign stating the price per gallon of the motor fuel sold from such pump or …

§ 2903. Manufacturers. Repealed by 77 Del. Laws, c. 394, § 3, effective July 15, 2010.

§ 2904. Brand name of product on equipment. All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear in a conspicuous place the brand name or trademark of the manufacturer or distributor of the product stored therein or sold or dispen…

§ 2905. Independence of retail dealers. Repealed by 77 Del. Laws, c. 394, § 4, effective July 15, 2010.

§ 2906. Equal treatment. Repealed by 77 Del. Laws, c. 394, § 5, effective July 15, 2010.

§ 2907. Equipment purchased by retail dealer. Repealed by 77 Del. Laws, c. 394, § 6, effective July 15, 2010.

§ 2908. Purchase promotion sales. Repealed by 77 Del. Laws, c. 394, § 7, effective July 15, 2010.

§ 2909. Marketing agreements. Repealed by 77 Del. Laws, c. 394, § 8, effective July 15, 2010.

§ 2910. Termination of contract or franchise. Repealed by 77 Del. Laws, c. 394, § 9, effective July 15, 2010.

§ 2911. Office of Retail Gasoline Sales; rules and regulations; Advisory Council; injunctions. (a) The Office of Retail Gasoline Sales is established within the Weights and Measures Unit of the Department of Agriculture, and shall have the power to perform and be responsible for …

§ 2912. Self-service gasoline stations; refueling assistance for persons with disabilities. (a) A retail establishment that offers gasoline or any other motor fuel for sale on both a full-service and self-service basis must provide refueling assistance during hours in which full-…

§ 2913. Access to information. (a) Books and records. — Whenever the Office has reason to believe that a manufacturer has engaged in, is engaging in, or is about to engage in any practice in violation of the act or regulations, or in order to verify the accuracy of any informatio…

§ 2914. Violation of act or regulation. (a) Powers. — Whenever the Office receives a complaint or any information from any source, which if true would amount to a violation of the act or regulations: (1) The Office may investigate the complaint or information; (2) The Office may,…

§ 3101. Use and registration of trade names or titles. No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the legal name of such person, or in case of a firm …

§ 3102. Supplemental certificate upon change in membership. Whenever a change occurs in the membership of any firm or association which has filed a certificate under § 3101 of this title, a supplemental certificate under the hand of 1 of the members of the firm or association sha…

§ 3103. Trade name registry; duty of Division of Revenue; fee for filing certificate. The Division of Revenue shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and electronically record such filings in a registry which the Division o…

§ 3104. Unincorporated associations. No unincorporated association of persons shall transact business in this State, unless the individual names of all concerned therein shall be first certified by an officer of such association and filed with the Division of Revenue. This sectio…

§ 3105. False affidavit; penalty. Whoever wilfully makes or files, under § 3101, § 3102, § 3103, or § 3108 of this title, any affidavit which is false commits the crime of false swearing and shall be punishable therefor.85 Del. Laws, c. 30, § 2; 25 Del. Laws, c. 146, § 4; 27 Del.…

§ 3106. Penalties. If any person, firm or association violates any of the provisions of §§ 3101, 3102, 3103 and 3104 of this title, every such person, and each and every person comprising such firm or association, shall be fined not more than $100 or imprisoned not more than 3 mo…

§ 3107. Application to joint stock associations of more than 50 members or corporations. Nothing in §§ 3101-3105 of this title shall affect or apply to joint stock associations, using a common name, not being ordinary partnerships, which have more than 50 stockholders or members …

§ 3108. Registration of trade names of corporations and limited liability companies. (a) A corporation or limited liability company transacting business within the limits of this State under a trade name or title that does not disclose the legal name of the corporation or limited…

§ 3301. Short title. This chapter may be known and cited as the “Delaware Trademark Act.”60 Del. Laws, c. 612, § 1;

§ 3301A. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: (1) “Performing group” means a vocal or instrumental group using or seeking to use the name of ano…

§ 3302. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Applicant” shall mean any person filing an application for registration of a tradem…

§ 3302A. Prohibition. (a) No person shall advertise or conduct a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. (b) This section shal…

§ 3303. Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive or scandalous matter; (2) Consists of or compri…

§ 3303A. Restraining prohibited acts. (a) Whenever the Attorney General has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of § 3302A of this title and that proceedings would…

§ 3304. Application for registration. (a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this State may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registrati…

§ 3305. Certificate of registration. (a) Upon compliance by the applicant with the requirements of this chapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the…

§ 3306. Duration and renewal. (a) Registration of a mark under this chapter shall be effective for a term of 10 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, on a form to be furnished by the Secretary of Stat…

§ 3307. Assignment. Any mark and its registration hereunder shall be assignable, with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instrumen…

§ 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;

§§ 3321-3323; 3331-3336. [Repealed].