40-19-20. Conflict by unrecorded brand--Statement by users of registered brand--Notice and hearing or statement by user of unrecorded brand--Notice to discontinue use--Liability for damages--Misdemeanor.
If any brand conflicts with another person's registered brand, the person using the registered brand may file a written statement with the board showing the brand which conflicts with his registered brand. The board shall notify the person accused of using such conflicting brand, by certified or registered mail. The person upon whom such notification is served may appear in person before the board or present a statement to the board explaining how the unrecorded brand is not an infringement upon or in conflict with the registered brand. If the board decides that the unrecorded or last registered brand conflicts with the first registered brand, a notice shall be served upon the person using the unrecorded or last recorded brand to discontinue its use within thirty days from the receipt of such notice. Any person failing to comply with the provisions of this section is liable for all damages resulting from such failure and is guilty of a Class 1 misdemeanor.
Source: SDC 1939, §40.1211; SL 1943, ch 143; SL 1977, ch 190, §505; SL 1988, ch 328, §37; SL 1991, ch 24, §14.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 19 - Brand Registration And Use
Section 40-19-1 - Use of unregistered brand as misdemeanor.
Section 40-19-2 - Exclusive right to use brand after registration.
Section 40-19-2.1 - Placement of brand.
Section 40-19-4 - Filing of application for brand--Facsimile included.
Section 40-19-5 - Application form--Notice if brand recordable--Fees.
Section 40-19-6 - Registration of brand--Certificate of registration.
Section 40-19-9 - Rejection of brand adding symbol to existing brand--Exception.
Section 40-19-12 - Five-year renewal of brands--Renewal fee.
Section 40-19-13 - Abandonment of brand by failure to renew.
Section 40-19-13.1 - Cancellation of certificate paid for with bad check.
Section 40-19-14 - Rerecording of cancelled brand by previous owner.
Section 40-19-16 - Replacement of lost or destroyed certificate--Affidavit--Fee.
Section 40-19-17 - Cancellation of brand conflicting with previous brand.
Section 40-19-18 - Cancellation of brand used for felony or theft.
Section 40-19-19 - Replacement brand for canceled brand--Application--No assessment of fee.
Section 40-19-21 - Unlawful use of brand as misdemeanor.
Section 40-19-22 - Fees paid into brand fund--Purposes for which used.
Section 40-19-23.1 - Brand board activities.