reglab/housing_qa huggingface dataset:
SD Codified L § 37-6-21 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-21 - Cancellation of registrations not renewed.

37-6-21. Cancellation of registrations not renewed.The secretary of state shall cancel from the register all registrations granted under §37-6-13 and not renewed in accordance with the provisions of §37-6-14. Source: SL 1955, ch 232, §8; SDC Supp 1960, §51.0908 (3).
SD Codified L § 37-6-22 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-22 - Public record of registered marks.

37-6-22. Public record of registered marks.The secretary of state shall keep for public examination a record of all marks registered or renewed under §§37-6-13 and 37-6-14. Source: SL 1955, ch 232, §7; SDC Supp 1960, §51.0907; SL 1980, ch 264, §16.
SD Codified L § 37-6-24 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-24 - Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.

37-6-24. Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.Any owner of a mark registered under §37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state. Source: SDC 1939, §51.0907; SL 1955, ch 232, §12; SDC Supp 1960, §51.0912; SL 1980, ch 264, §17.
SD Codified L § 37-6-25 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.

37-6-25. Civil action against person using counterfeit or imitation of registered mark.Subject to the provisions of §37-6-27, any person who shall use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under §37-6-13 in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods, shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24. Source: SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (1); SL 1980, ch 264, §18.
SD Codified L § 37-6-26 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-26 - Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.

37-6-26. Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.Subject to the provisions of §37-6-27, any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under §37-6-13 and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in §37-6-24, except that the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive. Source: SL 1955, ch 232, §11; SDC Supp 1960, §51.0911 (2); SL 1980, ch 264, §19.
SD Codified L § 37-6-28 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-28 - Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.

37-6-28. Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.Each register of deeds shall, on the application of any person domiciled within his county or any corporation organized under the laws of this state engaged in the manufacturing, bottling, or selling of soda water, mineral water, aerated waters, unfermented cider, milk, cream, or other nonintoxicating beverages in casks, kegs, barrels, jugs, bottles, boxes, or other containers, record in a book suitable for the purpose a description of the names, brands, or trade-marks used by such person or corporation for marking any container in which any such beverages are sold or kept for sale, which book shall be and remain a public record in his office. It shall thereupon be a petty offense for any person, without the written consent of the owner, to fill any such container for the purpose of sale, or to sell, dispose of, buy, or traffic in, or destroy the same, whether filled or not. Source: SDC 1939, §§51.1001, 51.9905; SL 1977, ch 190, §246.
SD Codified L § 37-6-29 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-29 - Use or possession of marked and registered container prima facie unlawful--Search warrant.

37-6-29. Use or possession of marked and registered container prima facie unlawful--Search warrant.The use by any person other than the rightful owner, without such owner's consent, of any container, or the possession thereof by any junk dealer or dealer in any such container, the same being marked or stamped and registered as required in §37-6-28, shall be prima facie evidence that such use, sale, or possession is unlawful, and a search warrant may be procured for the discovery and seizure thereof. Source: SDC 1939, §51.1001.
SD Codified L § 37-6-30 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-30 - Obliteration of registered container mark as misdemeanor.

37-6-30. Obliteration of registered container mark as misdemeanor.Any person who intentionally obliterates, injures or destroys the names, marks, or brands affixed to any cask, keg, barrel, jug, bottle, box, or other container used or intended to be used for the purpose specified in §37-6-28, and not his property, is guilty of a Class 2 misdemeanor. Source: SDC 1939, §51.9906; SL 1977, ch 190, §247; SL 1978, ch 158, §66.
SD Codified L § 37-6-31 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-31 - Nonresidents entitled to protection of containers.

37-6-31. Nonresidents entitled to protection of containers.Any person residing out of the state, or any corporation organized under the laws of any other state or territory, engaged in the business mentioned in §37-6-28, shall be entitled to the privilege and protection of §§37-6-28 to 37-6-30, inclusive, if he or it shall cause the record to be made, as provided in §37-6-28, in the office of the register of deeds of the county or counties where he, or it, or his, or its duly authorized agents have their place of business within this state. Source: SDC 1939, §51.1001.
SD Codified L § 37-6-32 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 06 - Trademark And Service Mark Protection|Section 37-6-32 - Civil penalty for unauthorized refilling or trafficking in registered containers.

37-6-32. Civil penalty for unauthorized refilling or trafficking in registered containers.Whenever any person engaged in manufacturing, bottling, or selling in bottle, soda, mineral water, cider, or other nonalcoholic beverage, has filed and published in the manner authorized by law, a description of a name, mark, or label usually stamped by him on the bottles containing such beverage, every other person who without the written consent of such manufacturer or dealer refills with any beverage, whether genuine or otherwise, with the intent to sell the same, any bottles stamped with such name, mark, or label, and every person who sells, disposes of, purchases, or traffics in such bottles; or who keeps any such bottles with intent so to refill or use or sell them, without written consent of the manufacturer so to do, is liable to a penalty of fifty cents for each and every bottle so kept, filled, sold, bought, disposed of, or trafficked in, for the first offense, and five dollars on each bottle for every subsequent offense. Source: SDC 1939, §13.1823.
SD Codified L § 37-7-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 07 - Labeling Of Indian Products|Section 37-7-1 - Distribution of products as misdemeanor unless labeled as to place of manufacture.

37-7-1. Distribution of products as misdemeanor unless labeled as to place of manufacture.It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft unless the article is clearly and legibly labeled or branded as to place of manufacture. Source: SL 1963, ch 60, §1; SL 1977, ch 190, §248.
SD Codified L § 37-7-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 07 - Labeling Of Indian Products|Section 37-7-2 - Sale of mislabeled product as misdemeanor.

37-7-2. Sale of mislabeled product as misdemeanor.It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft which is mislabeled or misbranded as to place of manufacture. Any such article shall be deemed mislabeled or misbranded if its label or brand is not clear and legible or if its label or brand bears any statement, design, or graphic representation relative to its place of manufacture which is false or misleading in any particular. Source: SL 1963, ch 60, §2; SL 1977, ch 190, §249.
SD Codified L § 37-7-2.1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 07 - Labeling Of Indian Products|Section 37-7-2.1 - Sale of imitation articles without disclosure as misdemeanor--Specifications.

37-7-2.1. Sale of imitation articles without disclosure as misdemeanor--Specifications.It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article similar to American Indian art or craft which was not manufactured by the American Indian, unless such person places, immediately above such articles, a sign which states explicitly that the articles are not genuine American Indian art or craft. The sign provided for in this section shall be not less than twenty-four inches by sixteen inches in size and the lettering thereon shall be not less than one-half inch in height. Source: SL 1974, ch 251, §1; SL 1977, ch 190, §250.
SD Codified L § 37-7-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 07 - Labeling Of Indian Products|Section 37-7-4 - Definitions.

37-7-4. Definitions.Terms used in this chapter mean:(1)"Indian," any person who is enrolled or who is a lineal descendant of one enrolled upon the enrollment listing of a recognized Indian tribe domiciled within the United States;(2)"Indian handcrafted," the production by hand of products solely by Indians within the United States. Source: SL 1994, ch 311.
SD Codified L § 37-10-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.

37-10-2. Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.It shall be unlawful and a violation of this chapter for any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition,(1)To advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost as defined in this chapter, to such a retailer or wholesaler, as the case may be, or(2)To offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business. Source: SL 1966, ch 157, §3 (1).
SD Codified L § 37-10-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.

37-10-3. Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.It shall be unlawful and a violation of this chapter for any retailer, with intent to injure competitors or destroy or substantially lessen competition,(1)To induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to wholesaler as defined in this chapter, or(2)To induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes. Source: SL 1966, ch 157, §3 (2).
SD Codified L § 37-10-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.

37-10-4. Sales between wholesalers permitted at less than cost--Basic cost to be charged.When one wholesaler sells cigarettes to another wholesaler, the former shall not be required to include in his selling price to the latter, "cost to the wholesaler," as provided by §§37-10-9 and 37-10-10, except that no such sale shall be made at a price less than the basic cost of cigarettes, as defined in §37-10-1, but the latter wholesaler, upon resale to a retailer or for consumption or use, shall be deemed to be the wholesaler governed by the provisions of §§37-10-5 to 37-10-10, inclusive. Source: SL 1966, ch 157, §7.
SD Codified L § 37-10-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-5 - Computation of cost to retailer--Expenses included.

37-10-5. Computation of cost to retailer--Expenses included.Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. Source: SL 1966, ch 157, §4 (1).
SD Codified L § 37-10-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-6 - Presumption as to cost of doing business by retailer.

37-10-6. Presumption as to cost of doing business by retailer.In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be eight percent of the basic cost of cigarettes to the retailer. Source: SL 1966, ch 157, §4 (2); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.

37-10-7. Wholesaler's costs added when retailer purchases from manufacturer.Any retailer who purchases from the manufacturer at or at less than or at about the price normally and usually charged for purchases in wholesale quantities shall, in determining cost to the retailer, pursuant to §37-10-5, add the cost of doing business by the wholesaler, as defined in §§37-10-9 and 37-10-10, to the basic cost of cigarettes to such retailer, as well as the cost of doing business by the retailer. Source: SL 1966, ch 157, §4 (1).
SD Codified L § 37-10-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.

37-10-8. Presumption as to cost of doing business by retailer purchasing from manufacturer.In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business, the cost of doing business by the retailer, who, in connection with the retailer's purchase, received not only the discounts ordinarily allowed upon purchase by a retailer, but also, in whole or in part, the discounts ordinarily allowed upon purchases by a wholesaler, shall be presumed to be eight percent of the sum of the basic cost of cigarettes and the cost of doing business by the wholesaler. Source: SL 1966, ch 157, §4 (3); SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-9 - Computation of cost to wholesaler--Expenses included.

37-10-9. Computation of cost to wholesaler--Expenses included.Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. Source: SL 1966, ch 157, §5 (1).
SD Codified L § 37-10-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.

37-10-10. Presumption as to cost of doing business by wholesaler--Cartage costs.In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business by the wholesaler making the sale, the cost of doing business by the wholesaler shall be presumed to be four percent of the basic cost of cigarettes to the wholesaler, plus cartage to the retail outlet, if performed or paid for by the wholesaler, which cartage cost, in the absence of the filing with the secretary of satisfactory proof of a lesser or higher cost, shall be deemed to be one and one-half percent of the basic cost of cigarettes to the wholesaler. Source: SL 1966, ch 157, §5 (2); SL 1981, ch 114, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 37-10-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.

37-10-11. Purchases outside ordinary trade channels not considered in determining costs.In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler in the quantity last purchased through the ordinary channels of trade. Source: SL 1966, ch 157, §12.
SD Codified L § 37-10-12 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.

37-10-12. Cost survey as evidence of cost to retailer or wholesaler.Where a cost survey, pursuant to recognized statistical and cost accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of this chapter. Source: SL 1966, ch 157, §13.
SD Codified L § 37-10-13 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.

37-10-13. Tie-in sale at less than value of other goods deemed rebate or concession.For the purpose of this chapter, a so-called tie-in sale of cigarettes, whereby in conjunction with the purchase of cigarettes, at a price which would not otherwise be less than cost to the vendor, the purchaser is offered other merchandise or other thing of value, without charge or at a charge less than the fair and reasonable retail value of such other merchandise or thing of value, such transaction shall be deemed a rebate or concession. Source: SL 1966, ch 157, §3 (1).
SD Codified L § 37-10-14 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 10 - Unfair Cigarette Sales|Section 37-10-14 - Application of minimum price provisions to combination sales, rebates and concessions.

37-10-14. Application of minimum price provisions to combination sales, rebates and concessions.In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, whether it be coupons or otherwise, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business, the retailer's or wholesaler's selling price shall not be below the cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes included in such transactions, and the invoice cost, whether the same be paid by the retailer, the wholesaler or any other person, of all other articles, products, commodities and concessions included in such transactions, to which invoice cost shall be added the cost of doing business in the case of the wholesaler and the retailer, respectively, as such cost is defined in §§37-10-5 to 37-10-10, inclusive. Source: SL 1966, ch 157, §6.