N.Y. Agriculture & Markets Law § 71: Registration of mark; defacing mark; seizure

§ 71. Registration of mark; defacing mark; seizure. Any person owning

milk cans, jars, bottles, bottle cases or carton cases upon which he has

placed or desires to place any designating mark may register the said

designating mark with the commissioner, who shall keep a record thereof,

and he may also register with the commissioner, from time to time, the

number of such cans, jars, bottles, bottle cases or carton cases, which

he has or is to have, which do or may bear such designating mark. Such

cans, jars, bottles, bottle cases or carton cases may, after such

registration be numbered consecutively and such consecutive numbers may

be registered in the department, as above provided, with the designating

mark. If any such can, jar, bottle, bottle case or carton case, bearing

such designating mark, shall be found in possession of, and being used

by any person other than the one so registering the same it shall be

presumptive evidence of a violation of the provisions of this article,

unless such person has the consent of the owner thereof to so have and

use the same.

No person, except the original owner thereof, or a person duly

authorized by him so to do, shall remove, deface or erase any of the

marks upon the cans, jars, bottles, bottle cases or carton cases herein

provided for.

When the commissioner, or any person duly authorized by him, shall

find any such cans, jars, bottles, bottle cases or carton cases, bearing

such registered designating mark, in the possession of or being used by

another person than the owner thereof, he may seize the same, and if

evidence is produced in three days showing that such person had been

given permission to have or use such cans, jars, bottles, bottle cases

or carton cases, then they shall be delivered by the commissioner, or

his agents, to the person from whom taken, otherwise the commissioner

shall notify the owner of such cans, jars, bottles, bottle cases or

carton cases, that he has the same and upon application deliver the same

to such owner.