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Connecticut Laws | Title 35 Trade Regulations, Trademarks And Collective And Certification Marks
CHAPTER 623 DEVICES ON RECEPTACLES
Sec. 35-21. Presumption of unlawful use.

Sec. 35-21. Presumption of unlawful use. (133)(Text)

The use by any person other than the person whose device, name or mark is or has been upon the same, without such written consent or purchase, of any such marked or distinguished bottle, can, jar, box or siphon, a description of the name, mark or device whereon has been filed as provided in section 35-19, for the sale therein of soda, mineral or aerated waters, near beer, cider, ginger ale, milk, cream or other beverage, or any medicine, medicinal preparation, perfumery, oil, compound or mixture, or for the furnishing of the same to customers, or the use, by any person other than the owner whose name, mark or device has been upon the same, or any person having the written consent of the owner, of any such marked or distinguished towel, coat, apron or toilet cabinet, a description of the name, mark or device whereon has been filed as provided in said section 35-19, or the buying, selling, disposing of or trafficking in any such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets by any person other than the person having a name, mark or device as such owner thereon, without such written consent, or the possession, by any junk dealer or dealer in rags or secondhand articles or person engaged in the business of supplying or renting towels, aprons, coats or toilet cabinets, of any such bottles, cans, jars, boxes or siphons, whether whole or broken, or any such marked or distinguished towel, coat, apron or toilet cabinet, a description of the marks, names or devices whereon has been so filed, without such written consent, shall be presumptive evidence of such unlawful use, purchase and traffic in such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets. (134)

Sec. 35-22. Issue of search warrant. (135)(Text)

Whenever any person mentioned in section 35-19, or his agent, makes oath before any judge of the superior court for the judicial district wherein his town is located, that he has reason to believe and does believe that any of his bottles, cans, jars, boxes of siphons, a description of the name, mark or device whereon has been filed as provided in section 35-19, are being unlawfully used or filled or had within the jurisdiction of such court, by any person manufacturing or selling soda, mineral or aerated waters, near beer, cider, ginger ale, milk, cream or other beverage, or any medicine or medicinal preparation, perfumery, oil, compound or mixture, or that any junk dealer or dealer in secondhand articles, vendor of bottles, cans, jars or siphons, or other person, has, within such jurisdiction, any such bottles, cans, jars, boxes or siphons in his possession, or secreted in any place, or that any of his towels, coats, aprons or toilet cabinets, a description of the name, mark or device whereon has been filed as aforesaid, are being unlawfully used or held within the jurisdiction of such court, such court shall, if sufficient reason is shown therefor, issue forthwith a search warrant, directed to any police officer or other proper officer, to discover and obtain the same; and such court shall issue a warrant for and cause to be brought before him the person in whose possession such bottles, cans, jars, boxes, siphons, towels, coats, aprons or toilet cabinets may be found, and shall inquire into the circumstances of such possession; and, if such court finds that such person has been guilty of a violation of section 35-20, he shall award the property taken upon such warrant to the owner thereof. (136)

Sec. 35-23. When refiling of device not required. (137)(Text)

Section 35-23 is repealed. (138)

CHAPTER 624* CONNECTICUT ANTITRUST ACT (139)(Text)

Sec. 35-24. Short title: Connecticut Antitrust Act. (140)(Text)

This chapter shall be known as the "Connecticut Antitrust Act". (141)

Sec. 35-25. Definitions. (142)(Text)

As used in this chapter, unless the context indicates otherwise: (143)

(a) "Commodity" means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale; (144)

(b) "Person" means any individual, proprietorship, corporation, limited liability company, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity; (145)

(c) "Trade or commerce" means intrastate as well as interstate trade or commerce. (146)

Sec. 35-26. Restraint of trade or commerce unlawful. (147)(Text)

Every contract, combination, or conspiracy in restraint of any part of trade or commerce is unlawful. (148)

Sec. 35-27. Monopolization or attempt to monopolize unlawful. (149)(Text)

Every contract, combination, or conspiracy to monopolize, or attempt to monopolize, or monopolization of any part of trade or commerce is unlawful. (150)

Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce. (151)(Text)

Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: (a) Fixing, controlling, or maintaining prices, rates, quotations, or fees in any part of trade or commerce; (b) fixing, controlling, maintaining, limiting, or discontinuing the production, manufacture, mining, sale, or supply of any part of trade or commerce; (c) allocating or dividing customers or markets, either functional or geographical, in any part of trade or commerce; or (d) refusing to deal, or coercing, persuading, or inducing third parties to refuse to deal with another person. (152)

Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly. (153)(Text)

Every lease, sale or contract for the furnishing of services or for the sale of commodities, or for the fixing of prices charged therefor, or for the giving or selling of a discount or rebate therefrom, on the condition or understanding that the lessee or purchaser shall not deal in the services or the commodities of a competitor or competitors of the lessor or seller, shall be unlawful where the effect of such lease or sale or contract for sale or such condition or understanding may be to substantially lessen competition or tend to create a monopoly in any part of trade or commerce and where such goods or services are for the use, consumption or resale in this state. (154)

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