Title GBS, General Business

§ 359-e. Definitions. Registration requirements.\n 1. The following terms, whenever used or referred to in this article,\nshall have the following meaning unless a different meaning clearly\nappears from the context:\n (a) A "dealer" shall mean and include any person, firm, asso…

§ 359-ee. Report of existence. 1. Every person, partnership, corporation, company, trust or association which caused to be filed in the department of law a "dealer's statement" on or before June thirtieth, nineteen hundred fifty-three, shall on or before February first, nineteen…

§ 359-eee. Definitions. Registration requirements for investment advisers. 1. The following terms, whenever used or referred to in this article, shall have the following meaning unless a different meaning clearly appears from the context: (a) "Investment adviser" shall mean any …

§ 359-f. Exemptions from certain provisions of section three hundred fifty-nine-e. 1. The provisions of subdivision eight of section three hundred and fifty-nine-e shall not apply to any transactions relating to the sale or offering for sale of any of the following described sec…

§ 359-ff. Registration of intra-state offerings. 1. It is unlawful for any person, directly or indirectly, to offer or sell any security which is part of an issue offered and sold only to persons resident within this state unless an offering prospectus which makes full and fair …

§ 359-fff. Chain distributor schemes prohibited. 1. It shall be illegal and prohibited for any person, partnership, corporation, trust or association, or any agent or employee thereof, to promote, offer or grant participation in a chain distributor scheme. 2. As used herein a "c…

§ 359-g. Violations and penalties. 1. (a) Any person, partnership, corporation, company, trust or association having been served with an order issued pursuant to the provisions of section three hundred and fifty-four staying or enjoining any practices or transactions, or with an…

§ 359-h. Destruction of certain records, books and other data by the attorney-general. Any and all books, registers, cards, indices, office records and other documentary evidence seized and held by the department of law under a subpoena or order of the court in proceedings comme…

§ 359-i. Definitions. 1. In this article unless the context or subject matter otherwise requires: "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking. "Fiduciary" includes a trustee under any trust, expressed, im…

§ 359-l. Deposit of moneys by fiduciary. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account against which he is empowered to sign as a fiduciary, or of checks drawn by him upon an account in the name of his principal if he is e…

§ 360. Definitions. (a) The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to in…

§ 360-a. 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: (a) consists of or comprises immoral, deceptive or scandalous matter; or (b) consists of or c…

§ 360-b. Application for registration. Subject to the limitations set forth in this article, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting for…

§ 360-c. Filing of applications. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this article. (b) The applicant shall provide any additional pertinent informati…

§ 360-d. Certificate of registration. Upon compliance by the applicant with the requirements of this article, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature …

§ 360-e. Duration and renewal. A registration of mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the secreta…

§ 360-f. Assignments, changes of name and other instruments. (a) 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 …

§ 360-g. Records. The secretary shall keep for public examination a record of all marks registered or renewed under this article, as well as a record of all documents recorded pursuant to section three hundred sixty-f of this article.

§ 360-h. Cancellation. The secretary shall cancel from the register, in whole or in part: (a) any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all registrations granted u…

§ 360-i. Classification. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this article, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark m…

§ 360-j. 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 under the provisions hereof, by knowingly making any false or fraudulent representation …

§ 360-k. Infringement. Subject to the provisions of this section, any person who shall: (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with the sale, distribution, …

§ 360-l. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of …

§ 360-m. Remedies. 1. Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, …

§ 360-n. Forum for actions regarding registration; service on out of state registrants. (a) Actions to require cancellation of a mark registered pursuant to this article or in mandamus to compel registration of a mark pursuant to this article shall be brought in the supreme cour…

§ 360-o. Common law rights. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

§ 360-p. Fees. The application for registration or renewal shall be accompanied by a filing fee or fifty dollars payable to the secretary of state.

§ 360-q. Rules and regulations. The secretary of state may from time to time make regulations for carrying into effect the provisions of this article provided, however, that such supplementary regulations shall be strictly limited in their application to the means and methods of…

§ 360-r. Severability. If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this article shall not be affected thereby.

§ 369-a. Price-fixing prohibited. Any contract provision that purports to restrain a vendee of a commodity from reselling such commodity at less than the price stipulated by the vendor or producer shall not be enforceable or actionable at law.

§ 369-b. Manufacturer's warranty and guarantee. A warranty or guarantee of merchandise may not be limited by a manufacturer doing business in this state solely for the reason that such merchandise is sold by a particular dealer or dealers, or that the dealer who sold the merchan…

§ 369-c. Definitions. The following terms, as used in this article, are hereby defined as follows: "Producer" means grower, baker, maker, manufacturer or publisher. "Commodity" means any subject of commerce.

§ 369-d. Effect of partial invalidity. If any provision of this article is declared unconstitutional it is the intent of the legislature that the remaining portions thereof shall not be affected but that such remaining portions remain in full force and effect.

§ 369-e. Use of games of chance in selling commodities. 1. Every person, firm or corporation proposing to engage in any game, contest or other promotion or advertising scheme or plan in connection with the promotion, advertising or sale of consumer products or services which off…

§ 369-ee. Prize award schemes. 1. Written disclosure. (a) Unless written disclosure is made as provided in paragraph (c) of this subdivision, it shall be unlawful for any person, firm or corporation to offer a consumer a prize as part of any prize award scheme. (b) For purposes …

§ 369-eee. Telecommunication-related and energy-related prohibitions as to prize boxes. 1. No box or container used to collect entries for sweepstakes or a contest may, at the same time, be used to collect letters of authorization or other documents that constitute authorization…

§ 37. Definitions and application. 1. For the purposes of this article, the term "itinerant vendor" shall mean a merchant, other than a merchant with an established retail store, who transports to a building, vacant lot, or other location, including a location where a fee is cha…

§ 371. Definitions. For the purposes of this article: (a) "Facilitator" means a person who individually or in conjunction or cooperation with another person: (i) solicits the execution of, processes, receives, or accepts an application or agreement for a refund anticipation loan…

§ 372. Consumer bill of rights regarding tax preparers. (a) A tax preparer shall provide his or her customers with a receipt containing an address and phone number at which the preparer can be contacted throughout the year. (b) The department shall, in accordance with regulation…

§ 373. Applicability. (a) The provisions of this article shall not apply to tax preparers operating within any city having a population of one million or more. (b) Except as provided in subdivision (c) of this section, this article shall supersede and preempt all rules, regulati…

§ 375. Research relating to electronic cigarettes. Any provision or restriction in a contract or other agreement relating to the development of electronic cigarettes and products relating to their use including, but not limited to, components of such devices, heretofore or herea…

§ 38. Prohibited sales. No itinerant vendor, except for an authorized manufacturer's representative or authorized distributor, shall offer for sale any of the following items: 1. Food manufactured and packaged for sale for consumption by a child under the age of two years; or 2.…

§ 380. Short title. This article may be cited as the "fair credit reporting act".

§ 380-a. Definitions. As used in this article: (a) The term "person" means any individual, partnership, corporation, trust, estate, co-operative, association, government or governmental subdivision, agency or other entity. (b) The term "consumer" means an individual. (c) (1) The…

§ 380-b. Permissible dissemination of reports. (a) A consumer reporting agency may furnish a consumer report under the following circumstances and no other: (1) In response to the order of a court having jurisdiction to issue such an order, or (2) In accordance with the written …

§ 380-c. Preparation and/or procurement of investigative consumer reports. (a) No person may procure or cause to be prepared an investigative consumer report on any consumer unless such person: (1) has first provided the consumer with notice of the procurement or preparation as …

§ 380-d. Disclosure to consumers. (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) all information in its files at the time of the request concerning such consumer; and (2) the…

§ 380-e. Methods and conditions of disclosure to consumers. (a) A consumer reporting agency shall make the disclosures required under section three hundred eighty-d of this article during normal business hours and on reasonable notice. (b) The disclosure required under section t…

§ 380-f. Procedure for resolving disputes. (a) If a consumer disputes any item of information contained in his file, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall promptly re-investigate and record the…

§ 380-g. Public record information. A consumer reporting agency which compiles and reports items of information on consumers which are matters of public record shall: (a) at the time such public record information is reported to the user of such consumer report, notify the consu…