reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 27. CONTRACTS › Subchapter IV. Consumer Contracts › § 2737. Enforcement.

§ 2737. Enforcement.
(a) (1) Before bringing an action with respect to the automatic renewal of any contract containing an automatic renewal provision that is renewed in violation of § 2734 of this title, the consumer must provide the seller with notice of the violation and a request to cancel the extension of the contract. The consumer must send this notice by 1 of the following:
a. Email.
b. Mail.
c. Any other method offered by the seller.
(2) An action may not be initiated under this chapter by the consumer against the seller for the cured violation of § 2734 of this title if, within 30 days of the consumer sending the notice required under paragraph (a)(1) of this section, the seller does all of the following:
a. Cures the violation.
b. Provides the consumer with a written statement that the alleged violation has been cured and that no further violations of that kind will occur and sends a copy of such statement to the Director of Consumer Protection of the Department of Justice.
(3) Nothing in this section precludes investigation or enforcement action by the Attorney General for violations of this chapter.
(b) In addition to any remedies a consumer may have at law or in equity, a violation of this subchapter shall be deemed an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.
(c) The automatic renewal provisions of this subchapter take effect on January 1, 2022.
66 Del. Laws, c. 276, §  1;  69 Del. Laws, c. 291, §  98(a);  77 Del. Laws, c. 282, §  18;  83 Del. Laws, c. 115, § 1;  84 Del. Laws, c. 233, § 9;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 27A. ASSET-BACKED SECURITIES FACILITATION ACT › § 2703A. Securitization transaction.

§ 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,” which became effective July 1, 2001, to the extent set forth in the transaction documents relating to a securitization transaction:
(1) Any property, assets or rights purported to be transferred, in whole or in part, in the securitization transaction shall be deemed to no longer be the property, assets or rights of the transferor;
(2) A transferor in the securitization transaction, its creditors or, in any insolvency proceeding with respect to the transferor or the transferor's property, a bankruptcy trustee, receiver, debtor, debtor in possession or similar person, to the extent the issue is governed by Delaware law, shall have no rights, legal or equitable, whatsoever to reacquire, reclaim, recover, repudiate, disaffirm, redeem or recharacterize as property of the transferor any property, assets or rights purported to be transferred, in whole or in part, by the transferor; and
(3) In the event of a bankruptcy, receivership or other insolvency proceeding with respect to the transferor or the transferor's property, to the extent the issue is governed by Delaware law, such property, assets and rights shall not be deemed to be part of the transferor's property, assets, rights or estate.
(b) Nothing contained in this chapter shall be deemed to require any securitization transaction to be treated as a sale for federal or state tax purposes or to preclude the treatment of any securitization transaction as debt for federal or state tax purposes or to change any applicable laws relating to the perfection and priority of security or ownership interests of persons other than the transferor, hypothetical lien creditor or, in the event of a bankruptcy, receivership or other insolvency proceeding with respect to the transferor or its property, a bankruptcy trustee, receiver, debtor, debtor in possession or similar person.
It is not the purpose of this chapter to change the tax treatment of securitizations that take place pursuant to this chapter.
73 Del. Laws, c. 214, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2801. Applicability.

§ 2801. Applicability.
This subchapter shall apply to each campground resort membership contract executed at least in part in the State 90 days after this chapter is signed into law, regardless of the whereabouts of the membership camping resort operator's principal office, campground resort, or recreational facilities.
67 Del. Laws, c. 433, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2804. Cancellation.

§ 2804. Cancellation.
(a) A purchaser shall have the right to cancel a membership camping resort contract within 5 business days following the date of its execution.
(b) The right of cancellation shall not be waived and any attempt to obtain such waiver shall be unlawful. Nothing in this section shall preclude the execution of documents in advance of closing for delivery after the expiration of the cancellation period.
(c) If the purchaser elects to cancel the contract, the cancellation may be done only by mailing notice thereof by certified mail to the operator at the address listed in the contract. The cancellation shall be deemed effective upon mailing.
(d) Upon cancellation, the operator shall refund to the purchaser all payments made by such purchaser and collected by the operator pursuant to the canceled contract. The refund shall be made within 15 days and may, where payment has been made by credit card, be made by an appropriate credit to the purchaser's account.
67 Del. Laws, c. 433, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2805. Contracts.

§ 2805. Contracts.
The operator shall deliver to the purchaser a fully executed copy of the contract, which contract shall include at least the following information:
(1) The actual date the contract is executed by the purchaser.
(2) The name of the operator and address of the principal place of business.
(3) The total financial obligation imposed upon the purchaser by the contract, including the initial purchase price and any additional charges which the purchaser may be required to pay.
(4) A description of the nature and duration of the membership being purchased.
(5) A statement that the operator, salesperson or any other person who in the business of offering for sale or transfer the rights under contracts for a fee is required by this chapter to provide each purchaser of a campground resorts membership with a copy of the operator's disclosure statement prior to execution of such contract and that a failure to do so is a violation of this chapter.
(6) The following statement shall appear in the contract, under its own paragraph, immediately above the space reserved in the contract for the signature of the purchaser, in boldfaced type of a minimum size of 10 points:
“PURCHASER'S NONWAIVABLE RIGHT TO CANCEL”
shall appear at the beginning of said paragraph in boldfaced type of a minimum of 10 points, immediately preceding the following statement:
________________________________(Date of Transaction)
“YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 5 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 15 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU DECIDE TO CANCEL THIS CONTRACT, YOU MUST NOTIFY THE SELLER IN WRITING BY CERTIFIED MAIL OF YOUR INTENT TO CANCEL. YOUR NOTICE OF CANCELLATION SHALL BE EFFECTIVE UPON THE DATE SENT AND SHALL BE SENT
TO:
________________ (Name of Operator) AT    ________________ (Address of Operator)
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.”
If no interest in real property is being conveyed, the contract shall also contain the following statement:
“YOU MAY ALSO CANCEL THIS CONTRACT AT ANY TIME AFTER THE ACCOMMODATIONS OR FACILITIES ARE NO LONGER AVAILABLE AS PROVIDED IN THIS CONTRACT.”
(7) The full name of all salespersons involved in the execution of the membership camping resort contract.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2806. Escrow.

§ 2806. Escrow.
All purchase money received from or on behalf of a purchaser in connection with the execution of a contract shall be deposited and held in this State in an escrow account designated solely for that purpose, which may be the operator's own escrow account or that of the operator's attorney, until the time for cancellation has expired as provided for in § 2804 of this title, unless a later time is provided in the contract. If the contract has not been canceled, any purchase money received from a purchaser may be released to the operator upon:
(1) The conveying to the purchaser of the right or license to use the campground resort and facilities as required in the contract; or
(2) The forfeiture of the purchase money by the purchaser under the terms of the contract.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2808. Unfair trade practices.

§ 2808. Unfair trade practices.
A violation of any of the provisions of §§ 2803 to 2807 of this title, inclusive, or failure to comply with the notice of cancellation required by § 2805 of this title shall constitute an unfair or deceptive act or practice as set forth in Chapter 25 of this title.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter I. Campground Resorts Membership Sales › § 2809. Enforcement.

§ 2809. Enforcement.
Violations of this subchapter shall be within the scope of the enforcement duties and powers of the State Division of Consumer Protection as described in subchapter II of Chapter 25 of Title 29.
67 Del. Laws, c. 433, §  1;  69 Del. Laws, c. 291, §  98(b), (c);  78 Del. Laws, c. 219, §  5;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2821. Applicability.

§ 2821. Applicability.
This subchapter shall apply to each vacation time-sharing plan contract executed at least in part in the State 90 days after this chapter is signed into law, regardless of the whereabouts of the developer's principal office.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2824. Cancellation.

§ 2824. Cancellation.
(a) A purchaser shall have the right to cancel a vacation time-sharing plan contract within 5 business days following the date of its execution.
(b) The right of cancellation shall not be waived and any attempt to obtain such a waiver shall be unlawful. Nothing in this section shall preclude the execution of documents in advance of closing for delivery after the expiration of the cancellation period.
(c) If the purchaser elects to cancel the contract, the purchaser may do so only by mailing notice thereof by certified mail to the seller at the address listed in the contract. The cancellation shall be deemed effective upon mailing.
(d) Upon cancellation, the seller shall refund to the purchaser all payments made by such purchaser and collected by the seller pursuant to the canceled contract. The refund shall be made within 15 days and may, where payment has been made by credit card, be made by an appropriate credit to the purchaser's account.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2825. Contracts.

§ 2825. Contracts.
The seller shall deliver to the purchaser a fully executed copy of the contract, which contract shall include at least the following information:
(1) The actual date the contract is executed by the purchaser.
(2) The name of the seller and address of the principal place of business.
(3) The total financial obligation imposed upon the purchaser by the contract, including the initial purchase price and any additional charges which the purchaser may be required to pay.
(4) A description of the nature and duration of the plan being purchased.
(5) A statement that the seller, salesperson or any other person who is in the business of offering for sale or transfer the rights under contracts for a fee is required by this chapter to provide each purchaser of a vacation time-sharing plan with a copy of the seller's disclosure statement prior to execution of such contract and that a failure to do so is a violation of this chapter.
(6) The following statement shall appear in the contract, under its own paragraph, immediately above the space reserved in the contract for the signature of the purchaser, in boldfaced type of a minimum size of 10 points:
“PURCHASER'S NONWAIVABLE RIGHT TO CANCEL”
shall appear at the beginning of said paragraph in boldfaced type of a minimum of 10 points, immediately preceding the following statement:
________(Date of Transaction)
“YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 5 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 15 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU DECIDE TO CANCEL THIS CONTRACT, YOU MUST NOTIFY THE SELLER IN WRITING BY CERTIFIED MAIL OF YOUR INTENT TO CANCEL. YOUR NOTICE OF CANCELLATION SHALL BE EFFECTIVE UPON THE DATE SENT AND SHALL BE SENT
TO:
________ (Name of Seller) AT ________ (Address of Seller)
NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT.”
If no interest in real property is being conveyed, the contract shall also contain the following statement:
“YOU MAY ALSO CANCEL THIS CONTRACT AT ANY TIME AFTER THE ACCOMMODATIONS OR FACILITIES ARE NO LONGER AVAILABLE AS PROVIDED IN THIS CONTRACT.”
(7) The full name of all sales persons involved in the execution of the membership camping resort contract.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2826. Escrow.

§ 2826. Escrow.
All purchase money received from or on behalf of a purchaser in connection with the execution of a contract shall be deposited and held in this State in an escrow account designated solely for that purpose, which may be the seller's own escrow account or that of the seller's attorney, until the time for cancellation has expired as provided for in § 2824 of this title, unless a later time is provided in the contract. If the contract has not been canceled, any purchase money received from a purchaser may be released to the seller upon:
(1) The conveying to the purchaser of the right or license to use the time-share unit and facilities as required in the contract; or
(2) The forfeiture of the purchase money by the purchaser under the terms of the contract.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2828. Unfair trade practices.

§ 2828. Unfair trade practices.
A violation of any of the provisions of §§ 2823 to 2827 of this title inclusive, or failure to comply with the notice of cancellation required by § 2825 of this title shall constitute an unfair or deceptive act or practice as set forth in Chapter 25 of this title.
67 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 28. CAMPGROUND RESORTS MEMBERSHIP AND VACATION TIME-SHARING PLANS SALES ACT › Subchapter II. Vacation Time-Sharing Plan › § 2829. Enforcement.

§ 2829. Enforcement.
Violations of this subchapter shall be within the scope of the enforcement duties and powers of the State Division of Consumer Protection as described in Chapter 25 of Title 29.
67 Del. Laws, c. 433, §  1;  69 Del. Laws, c. 291, §  98(b), (c);  77 Del. Laws, c. 282, §  8;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 29. RETAIL SALES OF MOTOR FUEL › § 2901. Definitions.

§ 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 for use with a motor vehicle, whether or not such product is essential for the maintenance of the motor vehicle and whether or not such product is also used for nonautomotive purposes.
(2) “Deposit in advance” shall mean any deposit, regardless of its purported purpose, which is received by a distributor or manufacturer from the retail dealer as a breakage, security or other similar deposit.
(3) “Manufacturer” shall mean every producer or refiner of petroleum products, or the producer or fabricator of any automotive product sold or distributed by a service station.
(4) “Marketing agreement” shall mean a written or parol agreement between a manufacturer and a retail dealer or a distributor and a retail dealer under which:
a. The dealer promises to sell or distribute the product or products of the manufacturer or distributor;
b. The retail dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by a manufacturer; or
c. The retail dealer is granted the right to occupy premises owned, leased or controlled by a manufacturer or distributor.
(5) “Motor fuel” shall mean and include any substance or combination of substances which is intended to be or is capable of being used for the purpose of propelling or running by combustion any internal combustion engine and sold or used for that purpose.
(6) “Retail dealer” shall mean and include any person operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine.
(7) “Retail fuel outlet” shall mean a place at which gasoline and oil are stored and supplied to service stations or to the public, and which is operated by independent contractors or by persons in the employ of such independent contractors.
42 Del. Laws, c. 70, §§  2, 3;  48 Del. Laws, c. 299, §  1;  6 Del. C. 1953, §  2901;  59 Del. Laws, c. 556, §  1;  77 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 29. RETAIL SALES OF MOTOR FUEL › § 2904. Brand name of product on equipment.

§ 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 dispensed therefrom or shall have conspicuously displayed thereon the words “No Brand.”
42 Del. Laws, c. 70, §  2;  48 Del. Laws, c. 299, §  1;  6 Del. C. 1953, §  2904;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 29. RETAIL SALES OF MOTOR FUEL › § 2911. Office of Retail Gasoline Sales; rules and regulations; Advisory Council; injunctions.

§ 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 the performance of all the administrative, ministerial, clerical and advisory functions involved in the administration and enforcement of this chapter. The Office of Retail Gasoline Sales shall determine the rules and regulations necessary for the proper enforcement of this chapter, but prior to the adoption, amendment or repeal of any rule or regulation the Office shall:
(1) Give at least 20 days' notice for a public hearing. Such notice shall include a statement of either the terms or substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have made timely request to the Office for advance notice, and shall be published at least once in each county by a daily newspaper of general circulation and at least once in a weekly newspaper in each county.
(2) Afford all interested persons the opportunity to submit data, views or arguments (orally or in writing). The Office shall fully consider all oral and written suggestions respecting the proposed rule or regulation. The Office may make its decision at the public hearing or announce the earliest date as to when it intends to make its decision. Any proceeding to contest a rule or regulation by the Office must be commenced within 6 months from the effective date of the rule or regulation.
(b), (c) [Repealed.]
(d) The Attorney General, the Office or any aggrieved person may institute an action in the Court of Chancery to enjoin any person from engaging in or continuing a practice in violation of this chapter.
59 Del. Laws, c. 556, §  9;  62 Del. Laws, c. 72, §  4;  63 Del. Laws, c. 58, §  3;  68 Del. Laws, c. 290, §  184;  77 Del. Laws, c. 394, §§  10, 11;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 29. RETAIL SALES OF MOTOR FUEL › § 2913. Access to information.

§ 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 information submitted to the Office, the Office may demand access to the books, records and data of the manufacturer. A manufacturer shall make such information available to the Office for inspection or copying during normal business hours unless otherwise agreed.
(b) Samples. — Any seller of fuels within the scope of this act shall, upon the request of the Office, provide samples of any motor fuel or special fuel for chemical analysis or other inspection, and reimbursement shall be made for the samples taken.
(c) Standard specification for fuels. — (1) Any motor fuel sold at retail or intended to be sold at retail in the State which does not meet or exceed American Society for Testing and Materials specifications for that type fuel and which causes “fuel-related performance problems” for the motoring public may be ordered corrected or removed from the marketplace.
(2) Violation of standards; stop sale. — If a sample taken by the Office and tested by a qualified laboratory finds the sample to be substandard for any of the reasons established as standards or limitations written herein, the Office shall issue a stop sale for all or any portion of the seller's operation which is in violation until the violation has been corrected. The Office shall have the authority and duty to decide when the steps taken were sufficient to correct the violation and inform the seller of when sales may resume.
(3) Whenever the Office finds any person marketing petroleum products in violation of this act or its regulations and has issued a stop sale directing them to cease such violation and the violation continues, the Office shall refer the matter to the Attorney General and the Attorney General shall take appropriate legal action.
77 Del. Laws, c. 394, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 29. RETAIL SALES OF MOTOR FUEL › § 2914. Violation of act or regulation.

§ 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, upon investigation of the complaint or information, make recommendations to the Attorney General's Office to investigate and enforce this chapter by any remedy available.
(b) The Department shall, with the approval of the Secretary, prepare proposed rules and regulations governing the responsibilities of the retail dealers it regulates. Adoption of these rules and regulations shall be as provided in subchapter II, Chapter 101 of Title 29. The rules and regulations as adopted, and as they may be from time to time amended by the Department, shall have the effect of law and shall remain in power and force until the same are amended or repealed by the Department.
77 Del. Laws, c. 394, §  13;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3101. Use and registration of trade names or titles.

§ 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 Christian and surname of such person, or in case of a firm or association, the Christian and surname of each and every person comprising the firm or association without, in addition to what is otherwise required by the laws of this State, first filing a certificate under the hand of such person or, in case of a firm or association, under the hand of one of the members of the firm or association, in the office of the prothonotary of each county in which it is prosecuting or transacting such business, designating the trade name or title and Christian and surname of such person, or, in case of a firm or association, the Christian and surname of each and every member comprising the firm or association. All certificates shall show the date when the partnership or association was organized, to which certificates there shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.
25 Del. Laws, c. 146, §  1;  27 Del. Laws, c. 177, §  1;  Code 1915, §  2639;  Code 1935, §  3111;  6 Del. C. 1953, §  3101;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3102. Supplemental certificate upon change in membership.

§ 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 shall, within 10 days after the change, be filed in the office of the prothonotary of each county in which it had theretofore filed a certificate, designating the Christian and surname of each and every member comprising the firm or association after the change, and the date when the change took effect, to which certificate shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.
25 Del. Laws, c. 146, §  2;  27 Del. Laws, c. 177, §  2;  Code 1915, §  2640;  Code 1935, §  3112;  6 Del. C. 1953, §  3102;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3103. Partnership and association docket; duty of prothonotaries; fee for filing certificate.

§ 3103. Partnership and association docket; duty of prothonotaries; fee for filing certificate.
The prothonotary of each county shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and enter and record in a book which the prothonotary shall procure for that purpose, which is named “Partnership and Association Docket,” the trade name and title of the person, firm or association, the date of the filing of the certificate, the date of the formation or change in the formation of the firm or association, and the number thereof. For the filing and making of the entries, the prothonotary shall receive from the person filing the certificate a fee of $5.00, to be disposed of in the same manner as other fees which are by law payable to the prothonotary.
25 Del. Laws, c. 146, §  3;  27 Del. Laws, c. 177, §  3;  Code 1915, §  2641;  Code 1935, §  3113;  6 Del. C. 1953, §  3103;  62 Del. Laws, c. 320, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3104. Unincorporated associations.

§ 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 in the office of the prothonotary of each county.
This section shall not apply to partnerships.
13 Del. Laws, c. 32, §  1;  Code 1915, §  4198;  Code 1935, §  4676;  6 Del. C. 1953, §  3104;  63 Del. Laws, c. 407, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3105. False affidavit; penalty.

§ 3105. False affidavit; penalty.
Whoever wilfully makes or files, under §§ 3101, 3102 and 3103 of this title, any affidavit which is false commits the crime of false swearing and shall be punishable therefor.
25 Del. Laws, c. 146, §  4;  27 Del. Laws, c. 177, §  4;  Code 1915, §  2642;  Code 1935, §  3114;  6 Del. C. 1953, §  3105;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3106. Penalties.

§ 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 months, or both.
25 Del. Laws, c. 146, §  5;  27 Del. Laws, c. 177, §  5;  Code 1915, §  2643;  Code 1935, §  3115;  6 Del. C. 1953, §  3106;  63 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 31. REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS › § 3107. Application to joint stock associations of more than 50 members or corporations.

§ 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 nor to legally incorporated companies.
25 Del. Laws, c. 146, §  6;  27 Del. Laws, c. 177, §  6;  Code 1915, §  2644;  Code 1935, §  3116;  6 Del. C. 1953, §  3107;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3302. Definitions.

§ 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 trademark under this chapter, the applicant's legal representatives, successors or assigns.
(2) “Mark” shall include any trademark or service mark entitled to registration under this chapter, whether registered or not.
(3) “Person” shall mean any individual, firm, partnership, corporation, association, union or other organization.
(4) “Registrant” shall mean the person to whom the registration of a trademark under this chapter is issued, that person's legal representatives, successors or assigns.
(5) “Service mark” shall mean a mark used in the sale or advertising of services to identify the services of 1 person and distinguish them from the services of others.
(6) “Trademark” shall mean any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others.
(7) “Trade name” shall mean a word, name, symbol, device or any combination thereof used by a person to identify a business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
(8) For the purposes of this chapter, a trademark shall be deemed to be “used” in this State:
a. On goods, when it is placed in any manner on the goods, their containers or the displays associated therewith, or on labels affixed thereto and such goods are sold or otherwise distributed within this State; and
b. On services, when the trademark is used or displayed in the sale or advertising of services and the services are rendered in this State.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3303. Registrability.

§ 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 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;
(3) 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;
(4) Consists of or comprises the name, signature or portrait of any living individual, except with that individual's written consent;
(5) Consists of a mark which:
a. When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
b. When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or
c. Is primarily merely a surname (provided, however, that nothing in this section shall prevent the registration of a mark used in this State by the applicant which is or has become distinctive of the applicant's goods or services); or
(6) Consists of or comprises a mark which so resembles a mark registered in this State or a trademark 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 mistake, or to confuse or deceive.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3304. Application for registration.

§ 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 registration of that mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for such registration, and if a corporation, the state of incorporation;
(2) The goods or services in connection with which the mark is used, the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services 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 such 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.
(b) The application shall be signed and verified by the applicant, by a member of the firm or by an officer of the corporation or association applying therefor. The application shall be accompanied by a specimen or facsimile of such mark in duplicate. The application for registration shall be accompanied by a filing fee of $25 payable to the Secretary of State.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3305. Certificate of registration.

§ 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 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, the date claimed for the first use of the mark in this State, the class of goods or services, a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration period.
(b) Any certificate of registration issued by the Secretary of State under this chapter or a copy thereof duly certified by the Secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceeding in any court of this State.
(c) A certificate of registration will be issued by the Secretary of State upon receipt of a $10 fee payable to the Secretary of State.
60 Del. Laws, c. 612, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3306. Duration and renewal.

§ 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 State, the registration may be renewed for a like term. A renewal fee of $25, payable to the Secretary of State, shall accompany the application for renewal of the registration. A trademark registration may be renewed for successive periods of 10 years in like manner.
(b) The Secretary of State shall notify registrants of marks hereunder of the necessity of renewal within the year next preceding expiration of the 10 years from the date of registration by writing to the last known address of a registrant.
(c) Any registration in force on the date on which this chapter shall become effective shall expire 10 years from the date of the registration, the last renewal thereof or 1 year after the effective date of this chapter, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by the secretary and paying the aforementioned renewal fee thereof within 6 months prior to the expiration of the registration.
(d) All applications for renewals under this chapter, whether of registrations made hereunder or of registrations effected under any prior act, shall include a statement that the mark is still in use in this State.
(e) The Secretary of State shall, within 6 months after such effective date, notify all registrants of marks registered under previous acts of the date of expiration of such registrations, unless renewed in accordance with this chapter, by writing to the last known address of the registrants.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3307. Assignment.

§ 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 instruments in writing duly executed, and may be recorded with the Secretary of State upon the payment of a fee of $25, payable to the Secretary of State who, upon recording of the assignment, 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 this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within 3 months after the date thereof, or prior to such subsequent purchase.
60 Del. Laws, c. 612, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3309. Cancellation.

§ 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 concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) All registrations granted under this chapter and not renewed in accordance with this chapter;
(4) Any registration concerning which a court of competent jurisdiction shall find:
a. That the registered mark has been abandoned;
b. That the registrant is not the owner of the mark;
c. That the registration was granted improperly;
d. That the registration was obtained fraudulently; or
e. That the registered mark is so similar, as to be likely to cause confusion or to deceive, to a mark registered by another person in the United States Patent Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove ownership of a concurrent registration of the mark in the United States Patent Office covering an area including this State, the registration hereunder shall not be canceled; or
(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3311. Fraudulent registration.

§ 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 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.
60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3312. Infringement.

§ 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 sale, offering for sale or advertising of any goods or services, or in connection with which such use is likely to cause confusion or to deceive as to the source or origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark 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 § 3314 of this title, except that under paragraph (2) of this section, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or to deceive.
60 Del. Laws, c. 612, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33. TRADEMARKS, BRANDS AND LABELS › § 3313. Injury to business reputation; dilution.

§ 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 relief notwithstanding the absence of competition between the parties, or the absence of confusion as to the source of goods or services.
60 Del. Laws, c. 612, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33A. TRUTH IN MUSIC › § 3301A. Definitions.

§ 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 another group that has previously released a commercial sound recording under that name.
(2) “Recording group” means a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(3) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other media in which the sounds are embodied.
76 Del. Laws, c. 337, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 33A. TRUTH IN MUSIC › § 3302A. Prohibition.

§ 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 shall not apply if any of the following apply:
(1) The performing group is the authorized registrant and owner of a Federal service mark for that group registered in the United States Patent and Trademark Office.
(2) At least 1 member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public.
(4) The advertising does not relate to a live musical performance or production taking place in this State.
(5) The performance or production is expressly authorized by the recording group.
76 Del. Laws, c. 337, §  2;