reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-7 - Certificate of registration.

A. Upon compliance by the applicant with the requirements of the Trademark Act, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show:
(1) the name and business address;
(2) if a corporation, limited liability company or partnership, the state of incorporation, or if a partnership, the state in which the partnership is organized;
(3) the date claimed for the first use of the mark anywhere;
(4) the date claimed for the first use of the mark in New Mexico;
(5) the class and description of goods or services on or in connection with which the mark is used; and
(6) the registration date and the term of registration.
B. A certificate of registration issued by the secretary or a copy of the certificate of registration duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any actions or judicial proceedings in this state.
History:
Laws 1997, ch. 197, § 7.
ANNOTATIONS
Generally speaking, trademarks are subject to assignment or transfer except
when such are identifiable as personal to an individual, exempli gratia, an artist's mark or signature. Thus, to enjoy the protection afforded under our registration laws, it would only be necessary that the fact of such assignment be made known to the specific recorder (secretary of state) by filing written and substantiated notice thereof. 1958 Op. Att'y Gen. No. 58-81 (rendered under former law).
Failure to record notice of assignment leaves assignee unprotected.
— No period of time is provided for in which the assignee of trademark right must record or otherwise give public notice of the fact of transfer, but also, that a failure to effect such notice leaves the assignee without protection of the law as would otherwise be provided. 1958 Op. Att'y Gen. No. 58-81 (rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
74 Am. Jur. 2d Trademarks and Tradenames §§ 21, 26, 27.
87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 171 to 179.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-8 - Duration and renewal.

A. A registration of a mark is effective for ten years from the date of registration. An application for renewal shall be filed within six months prior to its expiration in the manner required by the secretary. The renewed registration shall be effective for ten years from the date of expiration of the original registration. The application for renewal shall be accompanied by the renewal fee. A registration of a mark may be renewed for successive periods of ten years as provided in this section.
B. All applications for renewal, whether of registrations made under the Trademark Act or of registrations made under any act prior to the effective date of that act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
History:
Laws 1997, ch. 197, § 8.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-9 - Assignments; changes of name and other instruments.

A. A mark and its representation 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. The assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon payment of a twenty-five dollar ($25.00) recording fee. The secretary, upon recording the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or the last renewal of the registration. An assignment of a registration shall be void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary within three months after its date or unless it is recorded prior to the subsequent purchase.
B. A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon payment of the recording fee specified in Subsection A of this section. The secretary may issue to the owner a certificate of amendment of registration for the remainder of the term of registration or the last renewal of that registration.
C. Other instruments that relate to a mark registered or a pending application include licenses, security interests or mortgages, and they may be recorded in the discretion of the secretary provided the instrument is in writing and has been duly executed.
D. Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution. A photocopy of an instrument specified in this section shall be accepted for recording if it is certified by any of the parties thereto or their successors.
History:
Laws 1997, ch. 197, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-10 - Records.

The secretary shall keep for public examination a record of all marks registered or renewed under the Trademark Act and a record of all documents recorded pursuant to Section 9 [57-3B-9 NMSA 1978] of the Trademark Act.
History:
Laws 1997, ch. 197, § 10.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-11 - Cancellation.

The secretary shall cancel from the register, in whole or in part:
A. a registration where the secretary shall receive a voluntary request for cancellation from the registrant or the assignee of record;
B. a registration granted under the Trademark Act and not renewed in accordance with its provisions;
C. a registration of which a court of competent jurisdiction finds that:
(1) the registered mark has been abandoned;
(2) the registrant is not the owner of the mark;
(3) the registration was granted improperly;
(4) the registration was obtained fraudulently;
(5) the mark is or has become the generic name for the goods or services or a portion of them, for which it has been registered; or
(6) the registered mark is so similar as to likely cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant and not abandoned; or
D. when a court of competent jurisdiction orders the cancellation of a registration on any ground.
History:
Laws 1997, ch. 197, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
When does product become generic term so as to warrant cancellation of registration of mark, pursuant to § 14 of Lanham Act (15 U.S.C.A. § 1064), 156 A.L.R. Fed. 131.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-12 - Classification.

The secretary shall by regulation establish a classification of goods and services for convenience of administration of the Trademark Act but not to limit or extend the applicant's or registrant's rights. A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary shall require payment of twenty-five dollars ($25.00) for each class. As far as practical the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
History:
Laws 1997, ch. 197, § 12.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-13 - Fraudulent registration.

A person who, for himself on or [or on] behalf of any other person, procures the filing or registration of any mark in the office of the secretary by knowingly making any false or fraudulent representation or declaration, orally or in writing or by any other fraudulent means, shall be liable to pay all damages sustained as a consequence of that filing or registration recoverable by or on behalf of the injured party in any court of competent jurisdiction.
History:
Laws 1997, ch. 197, § 13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-15 - Injury to business reputation; dilution.

A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, that causes dilution of the distinctive quality of the owner's mark and to obtain other relief as is provided in this section. In determining whether a mark is famous a court may consider factors such as, but not limited to:
(1) the degree of inherent or acquired distinctiveness of the mark in this state;
(2) the duration and extent of use of the mark in connection with the goods and services;
(3) the duration and extent of advertising and publicity of the mark in this state;
(4) the geographical extent of the trading area in which the mark is used;
(5) the channels of trade for the goods or services with which the owner's mark is used;
(6) the degree of recognition of the owner's mark in its trading area and in the other's trading area, and in the channels of trade in this state; and
(7) the nature and extent of use of the same or similar mark by third parties.
B. The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If willful intent is proven, the owner shall also be entitled to the remedies set forth in the Trademark Act, subject to the discretion of the court and the principles of equity.
History:
Laws 1997, ch. 197, § 15.
ANNOTATIONS
Proving famousness.
— With no evidence of the fame of the Thermafil mark in New Mexico, no argument why Thermafil would be considered famous under New Mexico law, and concessions that Thermafil is not famous outside the endodontic marketplace and that federal law requires such fame, the court dismissed the defendants' unfair competition claim based on trademark dilution.
Guidance Endodontics v. Dentsply Int'l, Inc.
, 708 F.Supp.2d 1209 (D.N.M. 2010).
Section not limited to noncompeting products.
— Despite the "notwithstanding" clause at the end of former 57-3-10 NMSA 1978 could not be limited to cases involving noncompeting products.
Jordache Enters., Inc. v. Hogg Wyld, Ltd.
, 828 F.2d 1482 (10th Cir. 1987).
Association of trademarks for parody purposes
without corresponding association of manufacturers, which might confuse the consumer as to who is the actual manufacturer, does not tarnish or appropriate the good will of the manufacturer of the high quality similar product.
Jordache Enters., Inc. v. Hogg Wyld, Ltd.
, 828 F.2d 1482 (10th Cir. 1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
What constitutes "famous mark" for purposes of federal Trademark Dilution Act, 15 U.S.C. § 1125(c), which provides remedies for dilution of famous marks, 165 A.L.R. Fed. 625.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-16 - Remedies.

Any owner of a mark registered under the Trademark Act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of that mark and any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display or sale as may be deemed just and reasonable by the court. The court may require the defendants to pay to the owner all profits derived from or all damages suffered by reason of the wrongful manufacture, use, display or sale, or by both payment of all profits derived and damages suffered. The court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court or to the complainant and that the counterfeits or imitations be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and for reasonable attorney fees of the prevailing party in those cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or as otherwise the circumstances of the case may warrant. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any criminal law of this state.
History:
Laws 1997, ch. 197, § 16.
ANNOTATIONS
Prior good faith use superior to registration.
— Prior registration of a trade name under New Mexico's trademark statute does not foreclose another party from acquiring the right to use that name in good faith under the common law, and the trial court's determination that the plaintiff had the exclusive right to use a contested name for his video rental stores was correct, since the plaintiff established a good faith acquisition of a trade name at common law, and his rights became superior to those of the defendant, whose prior state registration was not accompanied by prior use in the market area in question.
S & S Invs., Inc. v. Hooper Enters., Ltd.
, 1993-NMCA-122, 116 N.M. 393, 862 P.2d 1252.
Injunction granted even where plaintiff merely asserting right to use.
— While injunctive relief is most often granted against some actual use of the infringing mark in the disputed area, such relief is proper where the plaintiff is asserting the right to such use, but has not actively been using the mark in a disputed market.
Value House v. Phillips Mercantile Co.
, 523 F.2d 424 (10th Cir. 1975).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
74 Am. Jur. 2d Trademarks and Tradenames §§ 145 to 152.
Rights and remedies with respect to another's use of a deceptively similar advertising slogan, 2 A.L.R.3d 748.
87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 135, 188, 189.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3B - Trademarks › Section 57-3B-17 - Applicability.

Any registration of a mark in force upon the effective date of the Trademark Act shall continue in effect for the remainder of its unexpired term and may be renewed under the provisions of that act within six months prior to the expiration specified in its registration. The provisions of the Trademark Act shall not affect any application, suit, proceeding or appeal pending on the effective date of the Trademark Act.
History:
Laws 1997, ch. 197, § 19.
ANNOTATIONS
Severability clauses.
— Laws 1997, ch. 197, § 18 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3C - Patents and Copyrights › Section 57-3C-1 - Short title.

This act [57-3C-1 to 57-3C-5 NMSA 1978] may be cited as the "Patent and Copyright Act".
History:
Laws 2001, ch. 346, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3C - Patents and Copyrights › Section 57-3C-2 - Definitions.

As used in the Patent and Copyright Act:
A. "department" means the economic development department;
B. "patent" means the grant of certain property rights in an invention, as defined in federal patent laws, to an inventor that includes the right to exclude others from making, using, offering for sale, selling or importing the invention; and
C. "copyright" means the property rights, as defined in federal copyright laws, in original works of authorship.
History:
Laws 2001, ch. 346, § 2.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3C - Patents and Copyrights › Section 57-3C-3 - Patents and copyrights as state property exception.

A. Inventions, innovations, works of authorship and their associated materials that are developed by a state employee, except an employee of a state educational institution, within the scope of his employment or when using state-owned or state-controlled facilities or equipment are the property of the state.
B. The provisions of Subsection A of this section do not apply to a state employee employed by a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico.
History:
Laws 2001, ch. 346, § 3.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3C - Patents and Copyrights › Section 57-3C-4 - Administration of act.

The department shall:
A. be responsible for the administration of the Patent and Copyright Act;
B. promulgate rules pursuant to the Patent and Copyright Act;
C. apply, on behalf of the state, for the patent protection or registration of copyright and pay the associated expenses;
D. share with the inventor, after expenses, fifty percent of the income collected on the invention or work; and
E. determine, after a cost-benefit analysis, whether to retain the patent or copyright for the state.
History:
Laws 2001, ch. 346, § 4.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 3C - Patents and Copyrights › Section 57-3C-5 - Fund created.

The "patent and copyright fund" is created in the state treasury. Income received by the state pursuant to the Patent and Copyright Act shall be deposited in the patent and copyright fund. Money in the patent and copyright fund is appropriated to the economic development department to carry out the provisions of the Patent and Copyright Act. Any unexpended or unencumbered balance remaining in the fund at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2001, ch. 346, § 5.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 346 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 4 - Protection of Copyrights (Repealed.) › Section 57-4-1 to 57-4-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 41, § 1, effective June 19, 1987, repealed 57-4-1 to 57-4-7 NMSA 1978, as enacted by Laws 1959, ch. 220, §§ 1 to 7, relating to the protection of copyrights.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-2 - [Purpose of act; violations; penalty.]

The intent and purpose of this act [57-5-1 to 57-5-22 NMSA 1978] is to eliminate and prevent monopolies, restraint of trade, unfair combinations, favoritism, discrimination, overbuying or preference of any kind on the part of producers, distributors or any other person or persons, in favor of any person, corporation, firm or association owning or operating any motion picture theater or theaters, to the detriment of competitive owned and/or operated picture theater or theaters, or for any competitive exhibitor being discriminated against in favor of another competitive exhibitor or exhibitors; also, to prevent any person, firm or corporation operating any motion picture theater or theaters from acquiring, overbuying or having a monopoly or the pick of the product of any producer or distributor or any other person. Any person, firm or corporation conspiring or entering into a conspiracy to in any way defeat, violate or avoid the purpose of this act, or any of the provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than twenty thousand dollars ($20,000), and by imprisonment at hard labor of not less than or more than twelve months. It shall be the duty of the district attorney of the several judicial districts to enforce the collection of this and all other fines provided for in this act and otherwise prosecute those who violate the same.
History:
Laws 1933, ch. 177, § 2; 1941 Comp., § 51-2702; 1953 Comp., § 49-5-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
27A Am. Jur. 2d Entertainment and Sports Law § 4 et seq.; 54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 1205.
Protection of right of exclusive performance of photoplay, 19 A.L.R. 955.
Moving-picture distribution contracts, 19 A.L.R. 1004.
Monopoly in moving pictures, 26 A.L.R. 369.
Antitrust act, distribution of film as commerce within antitrust act, 47 A.L.R. 782.
58 C.J.S. Monopolies §§ 155 to 157.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-3 - [Restrictive contracts, combinations or monopolies illegal; penalty.]

Every contract, combination or monopoly of any kind which in any way prevents, restricts, prohibits or interferes with any competitive exhibitor or exhibitors from acquiring his or their proportionate share of any product or products of any producer and/or distributor, or any other person, as in this act [57-5-1 to 57-5-22 NMSA 1978] provided, is hereby declared to be illegal. Every person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000) or more than twenty thousand dollars ($20,000) and by imprisonment at hard labor for not less than twelve months nor more than twelve months.
History:
Laws 1933, ch. 177, § 3; 1941 Comp., § 51-2703; 1953 Comp., § 49-5-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-4 - [Contracts for excessive number of pictures unlawful; form of contracts of sale, license or lease; power of public regulation commission; penalty for violations.]

It shall be unlawful for any person, or persons, firm or corporation, who owns, operates or controls, either directly or indirectly, any motion picture theater, or room, hall, auditorium or place where motion pictures of any kind are exhibited in one or more towns or cities in this state, where competition exists, to contract for, lease, license, rent, buy or acquire more motion pictures or films than can and will be exhibited in their theater or theaters in such town or city within the twelve months next following the date of the purchase, rental or license contract for such motion pictures.
And it shall be unlawful for any exhibitor to buy, lease or otherwise acquire, or for any distributor, or any other person, to sell, lease or supply any picture or pictures in or for a competitive situation with the intention or knowledge that each or any of the picture or pictures will not be exhibited or used, and every exhibitor in a competitive situation shall exhibit all pictures under contract within six months after the producer and/or distributor announces such picture or pictures, ready for exhibition or showing. All contracts or agreements for the sale, license or rental of motion pictures shall be in writing, and shall be signed and either attested by two witnesses or sworn to by the parties thereto before some person authorized to administer an oath, and a copy thereof shall be filed by the producer and/or distributor in the office of the state corporation commission [public regulation commission] within ten days after the approval thereof, which said contracts or agreements shall contain a list of all pictures covered thereby; that the said corporation commission [public regulation commission] shall have the right to demand of any exhibitor a copy of his or its contract or contracts for the purchase, license or lease of any picture or pictures, which said copy shall be furnished by the exhibitor within fifteen days after the receipt of such notice; that said copy shall be identical with the original, together with the consideration paid or to be paid for each picture covered thereby. Any person, firm or corporation, who violates or fails to comply with any of the provisions of this section, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).
History:
Laws 1933, ch. 177, § 4; 1941 Comp., § 51-2704; 1953 Comp., § 49-5-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Moving-picture distribution contracts, 19 A.L.R. 1004.
Monopoly in moving pictures, 26 A.L.R. 369.
58 C.J.S. Monopolies §§ 155 to 157.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-6 - [Announcement of pictures to be produced; contents of announcement; filing with public regulation commission; sale to competitor at less price unlawful; sale or lease to be by contract; penalty for violation.]

Whenever a producer and/or distributor announces a group or series of pictures or annual product to exhibitors, either made or to be made, it shall be filed immediately with the corporation commission [public regulation commission] and announced directly and simultaneously to all exhibitors in competitive situations. All pictures or productions shall be announced by either name, title, star, star series, series or by number and shall be classified in groups as to the price and/or box office value. Each group so classified shall be identified by letters A, B, C, D, etc.; Group "A" being the highest priced or best box office pictures or productions; Group "B" being the next highest priced or next best box office pictures or productions, and so on, and the number of pictures in each group shall be specified. In the event of any change or changes in the product made, or to be made, making it different from that in the announcement filed with the corporation commission [public regulation commission], notice of the nature of such change or changes made or to be made shall be filed with the corporation commission [public regulation commission] within ten days after such change or changes are made. After one competitive exhibitor has purchased, rented or contracted for his proportionate part of a product, it shall be unlawful for the producer and/or distributor to sell or lease the remainder of said product to the other competitive exhibitor or exhibitors, on a different playing arrangement or for a less price, for a period of six months. And all pictures sold or leased by producers and/or distributors shall be by written contract, in which the price paid or to be paid, and playing arrangement for each picture sold or leased shall be stated. Any producer or exhibitor violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000) and not more than twenty thousand dollars ($20,000).
History:
Laws 1933, ch. 177, § 6; 1941 Comp., § 51-2706; 1953 Comp., § 49-5-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the corporation commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-7 - [Contracts for sale, lease or license; revocation or disapproval; binding when not disapproved.]

In any competitive situation where there has been an executory contract entered into for the sale, lease or license of any product, or part thereof, the same shall be subject to revocation by the exhibitor signing said contract at any time prior to the acceptance of the same by the producer and/or distributor, or within a period of twenty days from the date of such contract. If not revoked by the exhibitor or disapproved by the producer and/or distributor within the period of twenty days from the date thereof, said contract shall, for all purposes, become valid and binding on the parties thereto. In case of revocation or disapproval on the part of any of the parties, the other party shall be given telegraphic notice thereof within twenty-four hours after such revocation or disapproval, and such revocation on the part of the exhibitor shall constitute a waiver as provided in Section five [57-5-5 NMSA 1978] of this act. The action of one competitive exhibitor shall in no way affect the rights of the other competitive exhibitors in, to or regarding any product.
History:
Laws 1933, ch. 177, § 7; 1941 Comp., § 51-2707; 1953 Comp., § 49-5-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Breach of distribution contracts, 19 A.L.R. 1006.
58 C.J.S. Monopolies § 82.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-8 - [Secret rebates or arrangements unlawful; penalty.]

It shall be unlawful for any producer and/or distributor or any other person, either directly or indirectly, to give any secret refund, rebate or reward of any kind to any competitive exhibitor, or for any competitive exhibitor to receive, either directly or indirectly, any secret refund, rebate or reward of any character from any producer, distributor or any other person, or for any producer, distributor or any other person to sell, lease, license or supply any motion picture or pictures, or permit same to be done to any competitive exhibitor by or through any secret or undisclosed manner, method, contract, combination or arrangement of any kind, or for any competitive exhibitor to so receive or acquire same in such a manner, or to exhibit any such motion picture or pictures so received or acquired. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, punished by a fine of not less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000) for each offense and by imprisonment at hard labor of not less than one year or more than one year for each offense. Each and every picture furnished, received or exhibited in violation of any of the provisions of this act [57-5-1 to 57-5-22 NMSA 1978] shall be deemed a separate offense.
History:
Laws 1933, ch. 177, § 8; 1941 Comp., § 51-2708; 1953 Comp., § 49-5-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
17 C.J.S. Contracts § 202.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-9 - [Contracts for more than one year unlawful; rights under former contracts; penalty for violation; invalidity of contract.]

It shall be unlawful from and after the passage of this act for any person, or corporation, to contract for, license, buy, own or control a franchise in or for a town or city, where competition exists, for the product of any producer, distributor or from any other person, for a period of time greater than one year, and it shall be unlawful for any producer, distributor or person to sell, rent or otherwise dispose of any picture to any competitive exhibitor for a period of time greater than one year. Provided that all the parties to any contract or contracts now in force for franchises for periods greater than one year between any producer and/or distributor, exhibitor or owner of any moving picture show or shows, or theaters, shall, within thirty days after this act becomes effective, file a copy of such franchise or franchises in the office of the state corporation commission [public regulation commission]; that there shall be attached to said contracts an affidavit, duly sworn to by the parties thereto, setting forth that said franchise was executed prior to the time that this act became effective, and that said franchise or contract, so filed or to be filed, has in no way been altered since this act became effective, and shall state the consideration paid and to be paid for each and every picture mentioned therein or to be furnished thereunder during the remainder of its life. Any person making any false statement in any such affidavit shall be deemed guilty of perjury, and upon conviction thereof, punished as provided by law. Provided, further, all contracts in force with competitive exhibitors in this state at the time of the passage of this act for franchises, for a period of time greater than one year, shall, if otherwise legal, not be interfered with, and shall remain in full force and effect and lived up to during the life thereof. Any person or corporation who violates the provisions of this section shall, upon conviction, be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). All contracts made in violation of any of the provisions of this act shall be void.
History:
Laws 1933, ch. 177, § 9; 1941 Comp., § 51-2709; 1953 Comp., § 49-5-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Compiler's notes.
— The phrase "from and after the passage of this act", referred to in the first sentence, means from and after the passage and approval of Laws 1933, Chapter 177, which was approved on March 17, 1933.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-10 - [Exhibitor having contract running longer than year; rights in selection of pictures.]

Any competitive exhibitor or exhibitors having contracts or franchise, with any producer and/or distributor continuing for a period of more than one year, at the time of the passage of this act, such competitive exhibitor, or exhibitors, shall not participate in the alternative drawing or selection of pictures with the other competitive exhibitors, as provided in Section five [57-5-5 NMSA 1978] of this act, until such competitive exhibitor or exhibitors not having any such contract or franchise have acquired a number of pictures equal to that covered by said contract or franchise for a period of more than one year. In the acquiring of such pictures, same shall be done by taking the annual product of any one producer and/or distributor upon reasonable terms, and, if necessary, a sufficient number from another producer and/or distributor, upon reasonable terms each year during the remaining life of said contract or franchise, as to equal the number of pictures to be supplied under said contract or franchise for more than one year.
History:
Laws 1933, ch. 177, § 10; 1941 Comp., § 51-2710; 1953 Comp., § 49-5-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The phrase "at the time of passage of this act", referred to in the first sentence, means at the time of passage and approval of Laws 1933, Chapter 177, which was approved on March 17, 1933.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-11 - [Producer- or distributor-controlled theaters; rights in choosing pictures; selling or leasing to competitors; penalty for violation.]

Producers and/or distributors or affiliated companies, owning and/or operating either directly or indirectly, any picture show or shows, theater or theaters, and exhibiting their own product therein, in one or more competitive situations, shall not participate in the alternative drawing or selection of pictures as provided in Section five [57-5-5 NMSA 1978] of this act, or in any way acquire pictures until their competitor or competitors have each acquired a number of pictures equal to the total products of each producer and/or distributor, affiliated company or other person, and it shall be unlawful for any producer and/or exhibitor to either refuse, sell or license their product or any part thereof upon reasonable terms to such competitive exhibitor so as to place them on an equal basis with such exhibitor, producer and/or distributor or affiliated company. Any person, firm or corporation, either seller or sellee, lessor or lessee, violating any of the provisions of this act [57-5-1 to 57-5-22 NMSA 1978] shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000).
History:
Laws 1933, ch. 177, § 11; 1941 Comp., § 51-2711; 1953 Comp., § 49-5-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-12 - [Refusing alternative selections; prima facie evidence of intent to violate act; penalty.]

The fact that any producer, distributor, owner or lessee of motion pictures fails, or refuses to permit exhibitors in competitive situations to make alternative selections in the presence of each other, each to either purchase or rent his proportionate share of a product, upon the same terms and conditions and as in this act [57-5-1 to 57-5-22 NMSA 1978] provided, shall be prima facie evidence of the intent of such producer, distributor, owner or lessee to violate or defeat the purposes, intent and provisions of this act, and such producer, distributor, owner or lessee shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) and by imprisonment at hard labor of not less than nor more than twelve months.
History:
Laws 1933, ch. 177, § 12; 1941 Comp., § 51-2712; 1953 Comp., § 49-5-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-13 - [Date and place of alternative selections; contracts made outside state unlawful; exception.]

In all competitive situations where there is to be an alternative selection of motion pictures by competitive exhibitors, the producer and/or distributor shall set the date for such alternative selection in each competitive situation, and each exhibitor shall be notified simultaneously in writing, by registered mail by the producer and/or distributor. The selection shall take place in the town or city where such competition exists, and it shall be unlawful for any producer, exhibitor or any other person having traveling or district agents, to make or close in any place, other than in New Mexico, any contract for the sale or lease of any motion picture or pictures for any competitive situation in New Mexico, unless all competitive exhibitors mutually agree otherwise in writing.
History:
Laws 1933, ch. 177, § 13; 1941 Comp., § 51-2713; 1953 Comp., § 49-5-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-14 - [Civil liability for violation.]

Any person, or persons, or corporation, who shall violate any of the provisions of this act [57-5-1 to 57-5-22 NMSA 1978], shall be civilly liable in both actual and punitive damages to the person or persons injured, damaged or discriminated against for any and all damages occasioned thereby, either directly or indirectly, and including all costs and attorney's fees.
History:
Laws 1933, ch. 177, § 14; 1941 Comp., § 51-2714; 1953 Comp., § 49-5-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-15 - [Misrepresentation of box office value; civil liability.]

Any producer and/or distributor, who misrepresents, either orally or otherwise, the merit or box office value of any motion picture or pictures, at the time of sale or lease of any product, or part thereof, shall be held accountable therefor and if such producer and/or distributor shall refuse or fail to make adjustment, the producer and/or distributor shall be civilly liable in damages, both actual and punitive, to the person or persons damaged, including all costs and attorneys' fees.
History:
Laws 1933, ch. 177, § 15; 1941 Comp., § 51-2715; 1953 Comp., § 49-5-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-16 - [Fair and equitable adjustments of contracts permitted.]

The provisions of this act [57-5-1 to 57-5-22 NMSA 1978] shall not prohibit fair and equitable adjustments or changes in any contract for pictures in any competitive situation between producers, distributors and exhibitors, provided the same is openly arrived at, and each exhibitor in a competitive situation is accorded the same treatment under like or similar conditions. The provisions of this section shall not apply to franchises in force at the time of the passage of this act.
History:
Laws 1933, ch. 177, § 16; 1941 Comp., § 51-2716; 1953 Comp., § 49-5-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The phrase "at the time of the passage of this act", referred to at the end of the section, means the time of the passage and approval of Laws 1933, Chapter 177, which was approved on March 17, 1933.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-17 - [Existing contracts to be filed with public regulation commission.]

Attested copies of all contracts for motion pictures now in force in competitive situations shall be filed with the corporation commission [public regulation commission] within thirty days after this act becomes effective, and hereafter when competition begins in any town or city all existing contracts for motion pictures shall be immediately filed with the corporation commission [public regulation commission] by the exhibitors, and the provisions of this act [57-5-1 to 57-5-22 NMSA 1978] shall apply to the new competitors as of the day he or they begin to function or acquire motion pictures in or for the new competitive situation.
History:
Laws 1933, ch. 177, § 17; 1941 Comp., § 51-2717; 1953 Comp., § 49-5-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the corporation commission be construed as references to the public regulation commission.
Compiler's notes.
— The phrase "within thirty days after this act becomes effective", appearing near the beginning of the section, means within thirty days of the effective date of Laws 1933, Chapter 177, which was March 17, 1933.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 5 - Motion Pictures › Section 57-5-18 - [Public regulation commission as agent for service of process.]

Every producer and/or distributor, manufacturer or seller of motion pictures in the state of New Mexico, and of leases, rights and contracts and agreements of every kind and nature by which motion pictures are exhibited in the state of New Mexico, shall appoint the chairman of the corporation commission [public regulation commission] and his successors in office, his, its or their true and lawful attorney upon whom may be served all lawful process in any action or legal process against it, in favor of a resident of the state of New Mexico, and therein shall agree that any such lawful process against it so served shall be of the same force and validity as if served on the company, person or firm personally in the state of New Mexico, and the authority thereof shall continue in force irrevocably so long as any contract, lease, agreement or liability of such person, firm or corporation remains outstanding in the state of New Mexico. Such process shall be served by leaving the same in duplicate with the chairman of the state corporation commission [public regulation commission] and depositing with him a fee of $2.00, and the service thereof on such attorney shall be deemed service on the principal. The chairman of the state corporation commission [public regulation commission] shall forthwith forward such process by registered mail, prepaid, to the person, firm or corporation at the address given by such person, firm or corporation in the appointment required to be filed hereby, and such service of process shall not be complete until the same has been so mailed, and the registry receipt shall be prima facie evidence of the completion of such service.
History:
Laws 1933, ch. 177, § 18; 1941 Comp., § 51-2718; 1953 Comp., § 49-5-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Power of state to provide for service, other than personal, of process upon nonresident individual doing business within the state so as to subject him to judgment in personam, 91 A.L.R. 1327.
Requisite of service upon, or delivery to, designated public official, as a condition of substituted service of process on him, 148 A.L.R. 975.
Setting aside default judgment for failure of statutory agent on whom process was served to notify defendant, 20 A.L.R.2d 1179.
16 C.J.S. Constitutional Law §§ 124 to 132; 16D C.J.S. Constitutional Law §§ 1156 to 1161.