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§ 37-6-1 Definition of terms used in counterfeiting provisions.

SD Codified L § 37-6-1 (2019) (N/A)
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37-6-1. Definition of terms used in counterfeiting provisions. The following definitions apply to §§ 37-6-2 and 37-6-3:

(1) "Affixing" within the meaning of such sections is complete, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package, or vessel, or any cover or stopper thereof, in which such goods are put up;

(2) "Goods" includes every kind of goods, wares, merchandise, compound, or preparation which may be lawfully kept or offered for sale;

(3) "Trade-mark" includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.Source: SDC 1939, § 13.1822.

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§ 37-6-2 Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.