reglab/housing_qa huggingface dataset:
SD Codified L § 37-5B-49 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05B - Franchise Investment|Section 37-5B-49 - Civil damages or rescission.

37-5B-49. Civil damages or rescission.A person who violates any provision of this chapter or any rule or order thereunder is liable to the franchisee for actual damages, costs, and attorneys and experts fees. In the case of a violation of §§37-5B-4, 37-5B-7 to 37-5B-9, inclusive, or 37-5B-17, the franchisee may also sue for rescission. No person is liable under this section if the defendant proves that the plaintiff affirmed the transaction with knowledge of the facts concerning the violation.Each person who directly or indirectly controls a person liable under this section, each principal executive officer or director of a person so liable, each person occupying a similar status or performing similar functions, and each agent, employee of a person so liable, who materially aids in the act or transaction constituting the violation, is also liable jointly and severally with and to the same extent as such person, unless the person liable proves that he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.In any suit authorized by this section, other relief may be awarded as the court deems appropriate and the court may in its discretion, if the circumstances are sufficiently egregious, increase the award of damages to an amount not to exceed three times the actual damage sustained.Except as explicitly provided in this section, no civil liability in favor of any private party may arise against any person by implication from or as a result of the violation of any provision of this chapter or any rule or order thereunder. Nothing in this section limits any liability which would exist by virtue of any other statute or under common law if this chapter were not in effect. Source: SL 2008, ch 203, §49.
SD Codified L § 37-5B-50 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05B - Franchise Investment|Section 37-5B-50 - Limitation of actions.

37-5B-50. Limitation of actions.No person may obtain relief for an action pursuant to §37-5B-49:(1)In an action for rescission pursuant to §§37-5B-4, 37-5B-7 to 37-5B-9, inclusive, or 37-5B-17 unless the action is instituted within one year after the violation occurred;(2)In an action for actual damages, costs, and attorneys and experts fees unless instituted within the earlier of two years after discovery of the facts constituting the violation or three years after the violation; or(3)Upon receipt by the franchisee of a rescission offer in a form approved by the director unless the action is instituted within ninety days after the receipt by the franchisee of a rescission. Source: SL 2008, ch 203, §50.
SD Codified L § 37-5B-51 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05B - Franchise Investment|Section 37-5B-51 - Pending actions and actions based on prior conduct.

37-5B-51. Pending actions and actions based on prior conduct.Any action or proceeding that is pending on July 1, 2008 or may be instituted on the basis of conduct occurring before July 1, 2008, is still subject to the provisions of chapter 37-5A as of June 30, 2008. However, no civil action may be maintained to enforce any liability under chapter 37-5A unless instituted within any period of limitation that applied when the cause of action accrued or within three years after July 1, 2008, whichever is earlier. Source: SL 2008, ch 203, §52.
SD Codified L § 37-5B-52 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05B - Franchise Investment|Section 37-5B-52 - Prior registrations and rulings.

37-5B-52. Prior registrations and rulings.Any effective registration and administrative order relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations prior to July 1, 2008 remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter, but are exclusively governed by chapter 37-5A as of June 30, 2008. Source: SL 2008, ch 203, §53.
SD Codified L § 37-5B-53 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 05B - Franchise Investment|Section 37-5B-53 - Prior offers and sales.

37-5B-53. Prior offers and sales.Chapter 37-5A as of June 30, 2008, exclusively applies to an offer or sale made within one year after July 1, 2008 pursuant to an offering made in good faith before July 1, 2008 on the basis of an exemption available under chapter 37-5A. Source: SL 2008, ch 203, §54.
SD Codified L § 37-6-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-1 - Definition of terms used in counterfeiting provisions.

37-6-1. Definition of terms used in counterfeiting provisions.The following definitions apply to §§37-6-2 and 37-6-3:(1)"Affixing" within the meaning of such sections is complete, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package, or vessel, or any cover or stopper thereof, in which such goods are put up;(2)"Goods" includes every kind of goods, wares, merchandise, compound, or preparation which may be lawfully kept or offered for sale;(3)"Trade-mark" includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description. Source: SDC 1939, §13.1822.
SD Codified L § 37-6-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-2 - Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.

37-6-2. Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.Every person who intentionally forges or counterfeits any trade-mark usually fixed by any person to any goods of such person with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed as to the goods of such person; or who, with intent to defraud keeps any dies, plate, or brand, or imitation of the trade-mark of any person for the purpose of counterfeiting the same or selling such trade-mark when counterfeited, or affixing the same to any goods and selling the same as genuine goods of the person entitled to the trade-mark; or who fraudulently uses the genuine trade-mark of another with intent to sell or offer for sale or disposal, any goods as genuine, which are not the original and genuine goods of the person to whom the trade-mark properly belongs; or who sells or keeps for sale any goods upon which any counterfeit trade-mark has been affixed, intended to represent such goods as the genuine goods of another, knowing the trade-mark to be counterfeited, is guilty of a Class 1 misdemeanor. Source: SDC 1939, §§13.1820, 51.0904, 51.9903; SL 1977, ch 190, §244.
SD Codified L § 37-6-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty.

37-6-3. Imitation of trade-mark as misdemeanor--Civil penalty.Every person who, with intent to defraud, affixes to any goods, or to any container of goods, any label, stamp, brand, imprint, printed wrapper, ticket, or mark, which designates such goods by any word or token which is wholly or in part the same to the eye or to the ear as the word or any of the words or tokens used by any other person as his trade-mark, and every person who knowingly sells or keeps or offers for sale any such goods or containers with any such label, stamp, brand, imprint, printed wrapper, ticket, or mark affixed to or upon it, in case the person affixing such mark, or so selling, exposing, or offering for sale such goods or containers, was not the first to employ or use such words as his trade-mark, is guilty of a Class 1 misdemeanor, and in addition to the punishment prescribed therefor is liable to the party aggrieved in the penal sum of one hundred dollars for each and every offense, to be recovered by him in a civil action. Source: SDC 1939, §13.1821; SL 1977, ch 190, §245.
SD Codified L § 37-6-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-4 - Definition of terms used in mark registration law.

37-6-4. Definition of terms used in mark registration law.Terms used in §§37-6-4 to 37-6-27, inclusive, mean:(1)"Applicant," embraces the person filing an application for registration of a mark under §37-6-5, the person's legal representatives, successors, or assigns;(2)"Emblem," any badge, motto, button, decoration, charm, rosette, or such other insignia;(3)"Mark," includes any trademark or service mark entitled to registration under §§37-6-4 to 37-6-27, inclusive, whether registered or not;(4)"Person," any individual, firm, partnership, limited liability company, corporation, association, union or other organization;(5)"Registrant," the person to whom the registration of a mark under §37-6-13 is issued, the person's legal representatives, successors, or assigns;(6)"Service mark," a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;(7)A service mark is "used" if it is used or displayed in the sale or advertising of services and the services are rendered in this state;(8)"Trademark," any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold by such person and to distinguish them from goods made or sold by others;(9)For the purposes of §§37-6-4 to 37-6-27, inclusive, a trade mark is "used" if it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state. Source: SDC 1939, §51.0902; SL 1955, ch 232, §1; SDC Supp 1960, §51.0901; SL 1980, ch 264, §2; SL 1994, ch 351, §86.
SD Codified L § 37-6-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-5 - Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.

37-6-5. Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.Subject to the limitations set forth in §§37-6-6 to 37-6-11, inclusive, 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 registration of that mark setting forth the following information:(1)The name and business address of the person applying for the registration; and, if a corporation, the state of incorporation;(2)The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods fall;(3)The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant's predecessor in business; and(4)A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.The application shall be signed under oath by the applicant or by a member of the firm or an officer of the corporation or association applying. The application shall be accompanied by a specimen or facsimile of the mark in duplicate no larger than eight and one-half inches by eleven inches. The application for registration shall be accompanied by a filing fee of one hundred twenty-five dollars, payable to the secretary of state. Source: SDC 1939, §§51.0901, 51.0903; SL 1955, ch 232, §3; SL 1980, ch 264, §3; SL 1997, ch 141, §2; SL 2003, ch 8, §7; SL 2006, ch 203, §2; SL 2009, ch 4, §7.
SD Codified L § 37-6-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.

37-6-6. Mark containing immoral, deceptive or scandalous matter not registrable.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 consists of or comprises immoral, deceptive, or scandalous matter. Source: SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (1); SL 1980, ch 264, §4.
SD Codified L § 37-6-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-7 - Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.

37-6-7. Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.A mark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. Source: SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (2); SL 1980, ch 264, §5.
SD Codified L § 37-6-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable.

37-6-8. Mark using or simulating flags or governmental insignia not registrable.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 consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof. Source: SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (3); SL 1980, ch 264, §6.
SD Codified L § 37-6-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-9 - Mark identified with living persons not registrable except by consent.

37-6-9. Mark identified with living persons not registrable except by consent.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 consists of or comprises the name, signature or portrait of any living individual, except with his written consent. Source: SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (4); SL 1980, ch 264, §7.
SD Codified L § 37-6-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.

37-6-10. Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it consists of a mark which:(1)When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or(2)When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or(3)Is primarily merely a surname.However, nothing in this section prevents the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration. Source: SDC 1939, §51.0904; SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (5); SL 1980, ch 264, §8; SL 1987, ch 29, §94.
SD Codified L § 37-6-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-11 - Mark similar to previously used marks not registrable.

37-6-11. Mark similar to previously used marks not registrable.A mark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive. Source: SL 1955, ch 232, §2; SDC Supp 1960, §51.0902 (6); SL 1980, ch 264, §9.
SD Codified L § 37-6-13 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-13 - Certificate of registration issued by secretary of state--Contents.

37-6-13. Certificate of registration issued by secretary of state--Contents.Upon compliance by the applicant with the requirements of §§37-6-5 to 37-6-12, inclusive, 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 signature of the secretary of state and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods and a description of the goods on which or services for which the mark is used, a reproduction of the mark, the registration date and the term of the registration. Source: SDC 1939, §51.0905; SL 1955, ch 232, §4; SDC Supp 1960, §51.0904; SL 1980, ch 264, §11.
SD Codified L § 37-6-14 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-14 - Term of registration--Renewal.

37-6-14. Term of registration--Renewal.Registration of a mark under §37-6-13 is effective for a term of four years from the date of registration. Upon application filed within six months prior to the expiration of the term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee of one hundred twenty-five dollars, payable to the secretary of state, shall accompany the application for renewal of the registration. A mark registration may be renewed for successive periods of four years in like manner. Source: SL 1955, ch 232, §5; SDC Supp 1960, §51.0905; SL 1980, ch 264, §12; SL 1997, ch 141, §3; SL 2003, ch 8, §8; SL 2009, ch 4, §8.
SD Codified L § 37-6-16 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-16 - Civil liability for damages from fraudulent mark registration.

37-6-16. Civil liability for damages from fraudulent mark registration.Any person who shall for himself, or on behalf of any other person, procure the filing or registration of a mark in the Office of the Secretary of State under the provisions of §37-6-5 or 37-6-13, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. Source: SL 1955, ch 232, §10; SDC Supp 1960, §51.0910; SL 1980, ch 264, §13.
SD Codified L § 37-6-17 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-17 - Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.

37-6-17. Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.A mark and its registration under §37-6-13 is 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 instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee of one hundred twenty-five dollars payable to the secretary of state. Upon recording of the assignment, the secretary of state shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under §37-6-13 is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to the subsequent purchase. Source: SL 1955, ch 232, §6; SDC Supp 1960, §51.0906; SL 1980, ch 264, §14; SL 1997, ch 141, §4; SL 2003, ch 8, §9; SL 2009, ch 4, §9.
SD Codified L § 37-6-18 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-18 - Cancellation of registration on request or due to error or fraud.

37-6-18. Cancellation of registration on request or due to error or fraud.The secretary of state shall cancel from the register any registration for which the secretary of state has received a voluntary request for cancellation from the registrant or the assignee of record. The secretary of state, upon notice to the registrant, may cancel from the register any registration that the secretary of state granted in the previous one hundred eighty days upon a finding that:(1)The registration was granted improperly or in error; or(2)The registration was obtained fraudulently.If the registrant objects, a hearing shall be conducted pursuant to chapter 1-26. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (2); SL 2010, ch 196, §1.
SD Codified L § 37-6-19 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-19 - Cancellation of registration on court findings.

37-6-19. Cancellation of registration on court findings.The secretary of state shall cancel from the register any registration concerning which a court of competent jurisdiction shall find(1)That the registered mark has been abandoned;(2)That the registrant is not the owner of the mark;(3)That the registration was granted improperly; or(4)That the registration was obtained fraudulently. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (4); SL 1980, ch 264, §15.
SD Codified L § 37-6-20 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-20 - Cancellation of registration on court order.

37-6-20. Cancellation of registration on court order.The secretary of state shall cancel from the register when a court of competent jurisdiction shall order cancellation of a registration on any ground. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (5).