reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:8 - Cancellation.

350-A:8 Cancellation. –
The secretary of state shall cancel from the register:
I. After September 1, 1970, all registrations under prior acts which are more than 10 years old and not renewed in accordance with this chapter;
II. Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of the record;
III. All registrations granted under this chapter and not renewed in accordance with the provisions hereof;
IV. 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.
V. When a court of competent jurisdiction shall order cancellation of a registration on any ground.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:9 - Classification.

350-A:9 Classification. –
The following general classes of goods and services are established for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and 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 comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used which fall within different classes of goods or services.
The said classes are as follows:
I. Goods:
(1) Raw or partly prepared materials
(2) Receptacles
(3) Baggage, animal equipments, portfolios, and pocketbooks
(4) Abrasives and polishing materials
(5) Adhesives
(6) Chemicals and chemical compositions
(7) Cordage
(8) Smokers' articles, not including tobacco products
(9) Explosives, firearms, equipments, and projectiles
(10) Fertilizers
(11) Inks and inking materials
(12) Construction materials
(13) Hardware and plumbing and steam-fitting supplies
(14) Metals and metal castings and forgings
(15) Oils and greases
(16) Paints and painters' materials
(17) Tobacco products
(18) Medicines and pharmaceutical preparations
(19) Vehicles
(20) Linoleum and oiled cloth
(21) Electrical apparatus, machines, and supplies
(22) Games, toys, and sporting goods
(23) Cutlery, machinery, and tools, and parts thereof
(24) Laundry appliances and machines
(25) Locks and safes
(26) Measuring and scientific appliances
(27) Horological instruments
(28) Jewelry and precious-metal ware
(29) Brooms, brushes, and dusters
(30) Crockery, earthenware, and porcelain
(31) Filters and refrigerators
(32) Furniture and upholstery
(33) Glassware
(34) Heating, lighting, and ventilating apparatus
(35) Belting, hose, machinery packing, and non-metallic tires
(36) Musical instruments and supplies
(37) Paper and stationery
(38) Prints and publications
(39) Clothing
(40) Fancy goods, furnishings, and notions
(41) Canes, parasols, and umbrellas
(42) Knitted, netted and textile fabrics, and substitutes therefor
(43) Thread and yarn
(44) Dental, medical, and surgical appliances
(45) Soft drinks and carbonated waters
(46) Foods and ingredients of foods
(47) Wines
(48) Malt beverages and liquors
(49) Distilled alcoholic liquors
(50) Merchandise not otherwise classified
(51) Cosmetics and toilet preparations
(52) Detergents and soaps
II. Services:
(100) Miscellaneous
(101) Advertising and business
(102) Insurance and financial
(103) Construction and repair
(104) Communications
(105) Transportation and storage
(106) Material treatment
(107) Education and entertainment
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:10 - Fraudulent Registration.

350-A:10 Fraudulent Registration. –
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:11 - Infringement.

350-A:11 Infringement. –
Subject to the provisions of RSA 350-A:13, any person who shall:
I. 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 on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
II. 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 RSA 350-A:12, except that under paragraph II 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 mistake or to deceive.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:12 - Injury to Business Reputation; Dilution.

350-A:12 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.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:13 - Remedies.

350-A:13 Remedies. –
I. Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.
II. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:14 - Common Law Rights.

350-A:14 Common Law Rights. –
Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:15 - Severability.

350-A:15 Severability. –
If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter shall not be affected thereby.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:1 - Definitions.

350-B:1 Definitions. –
As used in this chapter, unless the context requires otherwise:
I. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
II. "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(1) Used improper means to acquire knowledge of the trade secret; or
(2) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it; or acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(3) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
III. "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
IV. "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:2 - Injunctive Relief.

350-B:2 Injunctive Relief. –
I. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
II. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
III. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:3 - Damages.

350-B:3 Damages. –
I. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
II. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under paragraph I.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:4 - Attorneys' Fees.

350-B:4 Attorneys' Fees. –
The court may award reasonable attorneys' fees to the prevailing party when:
I. A claim of misappropriation is made in bad faith;
II. A motion to terminate an injunction is made or resisted in bad faith; or
III. Willful and malicious misappropriation exists.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:5 - Preservation of Secrecy.

350-B:5 Preservation of Secrecy. –
In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:6 - Statute of Limitations.

350-B:6 Statute of Limitations. –
An action for misappropriation shall be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:7 - Effect on Other Law.

350-B:7 Effect on Other Law. –
I. Except as provided in paragraph II, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
II. This chapter shall not affect:
(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) Other civil remedies that are not based upon misappropriation of a trade secret; or
(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-B - Uniform Trade Secrets Act › Section 350-B:8 - Uniformity of Application and Construction.

350-B:8 Uniformity of Application and Construction. –
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source.
1989, 220:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-C - Rights to Dies, Molds, Forms and Patterns › Section 350-C:1 - Definitions.

350-C:1 Definitions. –
I. "Customer" means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or products for a customer.
II. "Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. A "molder" includes, but is not limited to, a tool or die maker.
III. "Within 3 years following the last prior use" shall be construed to include any period following the last prior use of a die, mold, form, or pattern regardless of whether or not that period precedes January 1, 1995.
Source.
1994, 256:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-C - Rights to Dies, Molds, Forms and Patterns › Section 350-C:2 - Ownership Rights to Dies, Molds, Forms and Patterns.

350-C:2 Ownership Rights to Dies, Molds, Forms and Patterns. –
I. In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.
II. If a customer does not claim possession from a molder of a die, mold, form, or pattern within 3 years following the last prior use of such die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this section.
III. If a molder chooses to have all rights and title to any die, mold, form, or pattern, transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this subdivision. Such notice shall include a statement of the customer's rights as set forth in paragraph IV of this section.
IV. (a) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.
(b) This subdivision shall not be construed in any manner to affect any right of the customer, under federal patent or copyright law or any state or federal law pertaining to unfair competition.
Source.
1994, 256:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-C - Rights to Dies, Molds, Forms and Patterns › Section 350-C:3 - Liens.

350-C:3 Liens. –
I. Molders shall have a lien, dependent on possession, on all dies, molds, forms or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work, and in the value of all material related to such work. The molder may retain possession of the die, mold, form or pattern until the charges are paid.
II. Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.
III. If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in paragraph II, the molder may sell the die, mold, form, or pattern at a public auction if both of the following occur:
(a) The die, mold, form, or pattern is still in the molder's possession.
(b) The molder complies with RSA 350-C:4.
Source.
1994, 256:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-C - Rights to Dies, Molds, Forms and Patterns › Section 350-C:4 - Sale.

350-C:4 Sale. –
I. Before a molder may sell the die, mold, form, or pattern the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information:
(a) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice.
(b) A description of the die, mold, form, or pattern to be sold.
(c) The time and place of the sale.
(d) An itemized statement for the amount due.
II. If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern and name of the customer.
III. (a) If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the state treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale.
(b) A sale shall not be made under this subdivision if it would be in violation of any right of a customer under federal patent or copyright law.
Source.
1994, 256:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 351 - Branded Containers › Section 351:1 - Registration of Markings.

351:1 Registration of Markings. –
A person engaged in buying, selling or dealing in milk or cream in cans, cases, boxes, bottles, jars or jugs, or bottling or selling beverages in bottles or vessels with his name and the word "registered" branded, engraved, blown or otherwise produced thereon, or on the boxes used by him, may register the same by filing in the office of the clerk of the city or town in which his principal place of business is situated, or in the office of the secretary of state, a description of the name so used by him, and publishing such description once in each of 2 successive weeks in a newspaper, if any, published in the city or town in which his principal place of business is situated; otherwise, in a newspaper published in the county. The fee for registration with the secretary of state shall be $2 for each brand so registered.
Source.
1903, 120:1. PL 170:10. 1931, 37:1. 1935, 85:1. RL 207:10. 1949, 265:14, eff. June 22, 1949.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 351 - Branded Containers › Section 351:2 - Unauthorized Use.

351:2 Unauthorized Use. –
Whoever fills with milk, cream or any manufactured beverage any registered container, or defaces, erases, covers up or otherwise removes or conceals the name or the word "registered" thereon, or sells, uses, buys, gives, takes or otherwise disposes of or traffics in the same, without the written consent of, or unless the same has been purchased from, the person who registered the same shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, for each offense.
Source.
1903, 120:2. 1915, 36:1. PL 170:11. RL 207:11. RSA 351:2. 1973, 528:244, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 351 - Branded Containers › Section 351:3 - Evidence.

351:3 Evidence. –
The use by any person, without the written consent of, or purchase from, the owner thereof, or the possession by any milk dealer, junk dealer, or dealer in secondhand articles, of any registered container, without the written consent of, or purchase from, the owner thereof shall be prima facie evidence of unlawful use, possession of or traffic in the same.
Source.
1903, 120:3. 1915, 36:2. PL 170:12. 1935, 85:2. RL 207:12.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 351 - Branded Containers › Section 351:4 - Search Warrants.

351:4 Search Warrants. –
Upon complaint of a person who has complied with the provisions of RSA 351:1, or his agent, to a municipal court, district or superior court, that he has reason to believe that any of his registered containers are being unlawfully used, or that a milk dealer, junk dealer or dealer in secondhand articles, or a vendor of cans or bottles, has any such cans, cases, boxes, bottles, jars, jugs or vessels in his possession, or secreted in any place, said justice may issue a search warrant, may cause the person in whose possession such property is found to be brought before him, and shall inquire into the circumstances of such possession, and award possession of the property taken upon such search warrant to the owner thereof.
Source.
1903, 120:4. PL 170:13. 1935, 85:3. RL 207:13.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 351-A - Videotape Rental and Sales Records › Section 351-A:1 - Videotape Rental or Sales Records; Confidentiality.

351-A:1 Videotape Rental or Sales Records;  Confidentiality. –
I. Videotape rental or sales records which contain the names or other personal identifying information regarding the renters or purchasers of videotapes shall be confidential and shall not be disclosed by any person or other entity renting or selling such videotapes except as provided in paragraph II.
II. Records described in paragraph I may be disclosed to the extent necessary for the proper operation of such videotape rental and sales establishments and shall be disclosed:
(a) Upon request by or consent of the renter or the renter's or buyer's parent or guardian in the case of a minor;
(b) To law enforcement agencies for the purpose of an ongoing criminal investigation regarding theft or failure to return videotapes;
(c) Pursuant to subpoena or court order;
(d) Where otherwise required by statute; or
(e) To any person if the disclosure is limited to debt collection activities, order fulfillment, request processing or the transfer of ownership.
III. Nothing in this section shall be construed to prohibit any videotape rental or sales establishment from releasing statistical information and other data regarding the circulation or use of videotape rental or sales materials, provided, however, that the identity of the renters or purchasers of such videotape rental or sales materials shall be considered confidential and shall not be disclosed to the general public except as provided in paragraph II. In the case of mail order sales, such statistical information and other data may include the names and addresses of persons who have purchased videotapes and the subject matter of such videotapes, as long as no other information about the videotapes, including title and content, is disclosed.
Source.
1990, 134:2, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:1 - Uncopyrighted Compositions Protected.

352:1 Uncopyrighted Compositions Protected. –
Whenever any person, firm, association or corporation is the owner of any literary, dramatic or musical composition and the rights of the author pertaining thereto, and such composition has not been copyrighted, printed or published, or of any map, charter, engraving, cut, print, photograph or negative thereof, statue, statuary, model or design, which has not been copyrighted or offered for sale, it shall be unlawful for any other person to publish, produce, print, or sell or offer to sell the same without first obtaining the consent of the owner thereof.
Source.
1895, 42:1. PL 170:8. RL 207:8.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:2 - Penalty.

352:2 Penalty. –
Whoever violates RSA 352:1 shall be guilty of a misdemeanor.
Source.
1895, 42:7. PL 170:9. RL 207:9. RSA 352:2. 1973, 528:245, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:3 - Definitions.

352:3 Definitions. –
In this subdivision:
I. "Art dealer" means a person, including an individual, partnership, firm, association, or corporation, engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at a public auction.
II. "Artist" means the creator of a work of art, or, if the artist is deceased, the artist's personal representative, heirs or legatees.
III. "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction.
IV. "Work of art" means an original artwork that is any of the following:
(a) A visual rendition including, but not limited to, a painting, drawing, sculpture, mosaic, or photograph.
(b) A work of calligraphy.
(c) A work of graphic art, including, but not limited to, an etching, lithograph, offset print, silk screen, or other work of similar materials.
(d) A craft work in materials, including, but not limited to, clay, textile, fiber, wood, metal, plastic, glass, or similar materials.
(e) A work in mixed media, including, but not limited to, a collage or a work consisting of any combination of the items listed in subparagraphs (a) through (d) of this paragraph.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:4 - Art Dealer and Artists; Relationship.

352:4 Art Dealer and Artists;  Relationship. –
If an art dealer accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, the following consequences shall attach:
I. The art dealer shall be, with respect to that work of art, the agent of the artist.
II. The work of art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the work of art is sold to a bona fide third party or returned to the artist.
III. The proceeds of the sale of the work of art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the amount due the artist from the sale is paid.
IV. The art dealer shall be strictly liable for the loss of, or damage to, the work of art while it is in the art dealer's possession or control. The value of the work of art shall be, for the purpose of this subdivision, the value established in the written contract between the artist and art dealer entered into pursuant to RSA 352:7.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:5 - Purchase or Resale of Consigned Art by Art Dealer.

352:5 Purchase or Resale of Consigned Art by Art Dealer. –
I. If a work of art is trust property under RSA 352:4 when it is initially received by the art dealer, it shall remain trust property, notwithstanding the subsequent purchase of the work of art by the art dealer directly or indirectly for the art dealer's own account, until the purchase price specified pursuant to RSA 352:7 is paid in full to the artist.
II. If an art dealer resells a work of art that he purchased for his own account to a bona fide third party before the artist has been paid in full, the work of art shall cease to be trust property and the proceeds of the resale shall be trust funds in the possession or control of the art dealer for the benefit of the artist to the extent necessary to pay any balance still due to the artist. The trusteeship of the proceeds shall continue until the artist is paid in full under the contract entered into pursuant to RSA 352:7. A separate trust account for each artist shall not be required under this subdivision.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:6 - Trust Property Exempt From Claims of Art Dealer's Creditors.

352:6 Trust Property Exempt From Claims of Art Dealer's Creditors. –
Notwithstanding any other provision of law, a work of art that is trust property or the artist's portion of the proceeds from the sale of such work under RSA 352:4 or 352:5 shall not be subject to the claims, liens, or security interests of the creditors of the art dealer.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:7 - Art Dealer Required to Obtain Written Contract.

352:7 Art Dealer Required to Obtain Written Contract. –
I. An art dealer shall not accept a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art unless, prior to or at the time of acceptance, the art dealer enters into a written contract with the artist that contains all of the following:
(a) The value of the work of art and whether it may be sold;
(b) The time within which the proceeds of the sale are to be paid to the artist, if the work of art is sold;
(c) The minimum price for the sale of the work of art;
(d) The fee or percentage of the sale price that is to be paid to the art dealer for displaying or selling the work of art;
(e) An agreed upon date for removal of artwork and date for termination of contract.
II. If an art dealer violates this section, a court, at the request of the artist, may void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred, other than a holder in due course.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:8 - Art Dealer Duties; Condition for Display of Work or Photograph.

352:8 Art Dealer Duties;  Condition for Display of Work or Photograph. –
An art dealer who accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, shall not use or display the work of art or a photograph of the work of art, or permit the use or display of the work of art or a photograph of the work of art, unless the following occur:
I. Notice is given to users or viewers that the work of art is the work of the artist;
II. The artist gives prior written consent to the particular use or display.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:9 - Waivers Void.

352:9 Waivers Void. –
Any provision of a contract or agreement whereby the artist or art dealer waives any of the provisions of this subdivision shall be void.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:10 - Civil Penalty.

352:10 Civil Penalty. –
Any art dealer who violates RSA 352:7 or 352:8 shall be liable to the artist for his reasonable attorney's fees plus:
I. One hundred dollars, plus the actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation.
II. If an art dealer violates any provisions of this subdivision, the artist's obligation for compensation to the art dealer shall be voidable by the artist.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:11 - Exemption From UCC.

352:11 Exemption From UCC. –
The provisions of this subdivision shall prevail over conflicting or inconsistent provisions of RSA 382-A, the Uniform Commercial Code.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352 - Authors' and Artists' Productions › Section 352:12 - Application.

352:12 Application. –
This subdivision shall not apply to a written contract executed prior to January 1, 1989, unless:
I. The parties agree that this subdivision shall apply; or
II. The contract is extended or renewed on or after January 1, 1989.
Source.
1988, 117:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352-A - Copying of Recorded Devices › Section 352-A:1 - Definitions.

352-A:1 Definitions. –
As used in this chapter:
I. "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film or other device used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is recorded and from which the transferred sounds are directly or indirectly derived.
II. "Performer" means a person or persons appearing in a performance, whether live before an audience or transmitted by radio, television or other means.
III. "Person" means any natural person, group, firm, partnership, corporation, association, or any other legal entity.
Source.
1973, 332:1. 1977, 371:1, eff. Aug. 30, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352-A - Copying of Recorded Devices › Section 352-A:2 - Acts Prohibited.

352-A:2 Acts Prohibited. –
It shall be unlawful for any person to:
I. Knowingly transfer or cause to be transferred to any article on which sounds are recorded, directly or indirectly by any means, with the intent to sell such article or cause it to be sold or to be used for profit:
(a) Any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, without prior express written consent of the owner; or
(b) Any performance, whether live before an audience or transmitted by radio, television or other means, without the prior express written consent of the performer.
II. Advertise, sell or offer for sale at wholesale or retail, distribute, or possess for such purpose, any article on which sounds are recorded, if such person knew or should have known that such article:
(a) embodies any sounds transferred from a phonograph record, disc, wire, tape, film or other article, without the prior express written consent of the owner; or
(b) embodies any performance, whether live before an audience or transmitted by radio or television or other means, without the prior express written consent of the performer.
Possession of 5 or more duplicate copies or 20 or more individual copies of such recorded articles, produced without the consent of the owner or performer, shall create a rebuttable presumption that such articles are intended for sale or distribution in violation of this section.
III. This section does not apply to:
(a) Any motion picture or any sound recording initially fixed on or after February 15, 1972; or
(b) Any person who transfers, or causes to be transferred, any such sounds intended for or in connection with:
(1) broadcast or telecast transmissions or related uses, provided the transferor is engaged in licensed radio or television broadcasting;
(2) archival purposes; or
(3) home or personal use, without involving compensation or profit.
Source.
1973, 332:1. 1977, 371:2. 1995, 175:1, 2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352-A - Copying of Recorded Devices › Section 352-A:3 - Identification Required.

352-A:3 Identification Required. –
Every recorded device sold or possessed for the purpose of sale by any manufacturer, distributor, wholesale or retail merchant shall contain on its packaging the name and address of the manufacturer and the name of the actual performer, artist or group; provided, however, that the term "manufacturer" shall not include the manufacturer of the cartridge or casing itself, or the physical medium used on which to make the recording.
Source.
1973, 332:1. 1977, 371:3, eff. Aug. 30, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352-A - Copying of Recorded Devices › Section 352-A:4 - Civil Remedies.

352-A:4 Civil Remedies. –
This chapter shall neither enlarge nor diminish the rights of parties in civil litigation.
Source.
1973, 332:1. 1977, 371:4, eff. Aug. 30, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 352-A - Copying of Recorded Devices › Section 352-A:5 - Criminal Penalties.

352-A:5 Criminal Penalties. –
I. Any person who violates any provision of RSA 352-A:2, I, shall be guilty of a class B felony. Each individual manufacture of such recorded article shall constitute a separate offense.
II. Any person who violates any provision of RSA 352-A:2, II, shall be guilty of a misdemeanor.
III. (a) Any recorded article produced or offered for sale in violation of this chapter shall be subject to seizure by law enforcement authorities pending disposition of the charge, and, upon final conviction of the accused, shall be subject to forfeiture and destruction by the appropriate law enforcement agency.
(b) Any equipment, devices or components used in the production of such articles in violation of this chapter shall be subject to seizure by law enforcement authorities pending disposition of the charge and, upon final conviction of the accused, shall be subject to forfeiture and destruction, disposition, or sale at auction by the appropriate law enforcement agency, in the discretion and upon order of the trial court.
Source.
1977, 371:5, eff. Aug. 30, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:1 - Liability for Losses.

353:1 Liability for Losses. –
No hotel keeper, innkeeper, operator of overnight cabins, motor courts, or similar establishments (hereinafter referred to as hotel keeper), shall be liable to a guest for the loss of wearing apparel or baggage belonging to such guest where it shall appear that such loss takes place from the room or rooms assigned to such guest and provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest; and, in no case shall recovery for such loss exceed the sum of $300. A hotel keeper shall provide a suitable safe in his hotel for the safekeeping of money, jewelry, precious stones, watches, negotiable securities and other valuables belonging to the guests of such hotel; and, if such hotel keeper gives notice thereof by posting in the rooms of such guests and in the office of the hotel, in a conspicuous manner, a notice containing a copy of this section and stating therein the fact that such safe is provided in which such property may be deposited, such hotel keeper shall not be liable to any guest for the loss by theft, or otherwise, of any such property not delivered, or offered to be delivered, to the person in charge of the office of such hotel for deposit in such safe, provided such hotel keeper proves affirmatively that such loss was not caused or contributed to by his negligence or fault, or was caused solely by the negligence of such guest, and such hotel keeper shall not be liable to any guest for any sum in excess of $1,000 on account of the loss by theft, or otherwise, of any such property received for deposit, except by special contract in writing stating the kind and value of the property received and the kind and extent of the liability of the hotel keeper. Nor shall such hotel keeper be liable in any sum for the loss of other property, including wearing apparel and personal baggage, belonging to any guest and not within the room or rooms assigned to him, unless the same is specially entrusted to the care and custody of such hotel keeper or agents or servants.
Source.
1885, 97:1. PS 129:1. PL 171:1. RL 208:1. 1947, 282:1, eff. July 1, 1947.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:2 - Fire Losses.

353:2 Fire Losses. –
No hotel keeper shall be liable for losses of goods or property sustained by his employees or guests, caused by a fire, unless such fire shall be caused by his negligence.
Source.
1919, 42:1. PL 171:2. RL 208:2.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:2-a - Child Care Referrals.

353:2-a Child Care Referrals. –
No hotelkeeper or innkeeper shall be liable for losses of goods or property or other damages sustained by a guest or other visitor based solely upon the furnishing by the hotelkeeper or innkeeper of a name or names of persons available to provide child care services for such guest or other visitor, provided the hotelkeeper or innkeeper has no knowledge of any adverse information relating to the person or persons providing the child care services, the hotelkeeper or innkeeper receives no compensation for furnishing the information or the services provided, and the hotelkeeper or innkeeper has given written notice to the guest or visitor that the child care service providers have not been evaluated by the hotelkeeper or innkeeper. No such liability shall arise from furnishing the name of an employee of the hotelkeeper or innkeeper, provided the hotelkeeper or innkeeper does not recommend or compensate any such employee for the provision of such child care services and the employee is not acting within the scope of employment for the hotelkeeper or innkeeper when providing such child care services.
Source.
2003, 162:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:3 - Register, Open to Inspection.

353:3 Register, Open to Inspection. –
All hotel keepers and all persons keeping public lodging houses, tourist camps, or cabins shall keep a record of the legal name of the registered guest. Such record shall at all times be open to the inspection of the sheriff or the sheriff's deputies and to any police officer. The term "public lodging house" as here used shall mean a lodging house where more than 2 rooms are habitually let for less than a week at a time for the accommodation of transients. Whoever violates any provision of this section shall be guilty of a misdemeanor.
Source.
1927, 68:1. 1933, 107:1. RL 208:7. 1945, 133:1. RSA 353:3. 1973, 528:246, eff. Oct. 31, 1973 at 11:59 p.m. 2023, 174:1, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:3-a - Posting of Rental Rates.

353:3-a Posting of Rental Rates. –
All hotel keepers and all persons keeping public lodging houses, tourist camps or cabins shall post in each guest room and at the registration desk a notice listing the minimum and maximum room rental fees on a daily or weekly basis or both if applicable. The notice shall specify the dates when the maximum rates are in effect.
Source.
1979, 314:1, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 353 - Hotels, Tourist Cabins, Etc. › Section 353:3-b - Registered Departure Date.

353:3-b Registered Departure Date. –
All hotel keepers and all persons keeping public lodging houses, tourist camps, or cabins shall, upon the registration of each guest, cause an entry to be made in the book or card system required by RSA 353:3 which shall record the guest's agreed upon departure time and date. No guest shall, without the consent of the hotel keeper or such person keeping a public lodging house, tourist camp, or cabin remain in a rental unit beyond the departure time and date so recorded at registration.
Source.
1981, 433:1, eff. Aug. 22, 1981.