South Carolina Code of Laws
Chapter 15 - Labels And Trademarks
Section 39-15-490. Effect of refusal to deliver containers to lawful owner.

The refusal of any person in possession thereof to deliver any field box, crate, container or receptacle so marked or branded and registered as provided in this article to the registered owner thereof or his duly authorized agent, upon the demand of such registered owner or authorized agent, when such demand is accompanied with a display of the certificate of recordation and number thereof, as furnished to the registered owner by the Secretary of State, shall be prima facie evidence in any court of this State of a fraudulent intent to convert such field box, crate, container or receptacle to the use of the person so in possession thereof and to deprive the registered owner thereof and any person convicted of a violation of the provisions of this section shall be subject to the penalty provided in Section 39-15-480.
HISTORY: 1962 Code Section 66-229; 1952 Code Section 66-229; 1942 Code Section 6675-8; 1938 (40) 1769.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 39 - Trade and Commerce

Chapter 15 - Labels And Trademarks

Section 39-15-10. Use of marked beer, soda water, or mineral water containers.

Section 39-15-15. Requirements for labeling product as "peat"; penalties.

Section 39-15-20. Fraud in sale of goods marked "sterling".

Section 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".

Section 39-15-40. Penalties.

Section 39-15-410. Adoption and use of individual brands or marks.

Section 39-15-420. Registration of mark or brand with Secretary of State; registered number.

Section 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.

Section 39-15-440. Transfer, release, or sale of brand or mark; records.

Section 39-15-450. Effect of use of brand or mark.

Section 39-15-460. Unauthorized alteration, change, removal, or obliteration of registered mark or brand.

Section 39-15-470. Purchase or receipt of containers marked or branded from other than registered owner.

Section 39-15-480. Unauthorized possession of marked or branded containers.

Section 39-15-490. Effect of refusal to deliver containers to lawful owner.

Section 39-15-500. Taking or sending containers out of State without consent of owner.

Section 39-15-510. Situation in which article is inapplicable.

Section 39-15-520. Article is cumulative.

Section 39-15-710. Definitions.

Section 39-15-720. Authority to use trademark on timber.

Section 39-15-730. Purchaser's lien on branded timber.

Section 39-15-740. Loss of lien upon default in payments; removal of brand.

Section 39-15-750. Destruction of brand; removal or transfer of timber.

Section 39-15-910. Use of name or trade name in advertising.

Section 39-15-920. Penalties.

Section 39-15-1105. Definitions.

Section 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.

Section 39-15-1115. Registration of mark; required information.

Section 39-15-1120. Application, registration of mark, examination and amendment.

Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.

Section 39-15-1130. Effective period, registration of mark; renewal.

Section 39-15-1135. Mark and registration, assignment; change of name; recording.

Section 39-15-1140. Registered or renewed marks, public record.

Section 39-15-1145. Registration of mark, cancellation from register; conditions.

Section 39-15-1150. Goods and services, classification.

Section 39-15-1155. Fraudulent filing, registration of mark; liability.

Section 39-15-1160. Liability for unapproved use.

Section 39-15-1165. Famous mark; factors used in determining; injunctive or other relief against use by another.

Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.

Section 39-15-1175. Action for cancellation of registered mark or appeal from refusal to register; process in action against nonresident.

Section 39-15-1180. Rights in marks not adversely affected by article.

Section 39-15-1185. Application fees.

Section 39-15-1190. Sale of goods or services with counterfeit mark; production or reproduction of counterfeit mark; penalties.

Section 39-15-1195. Seizure and forfeiture; storage and maintenance of seized property; reports to prosecuting agencies; return of items.