N.Y. General Business Law § 335: Inserting unauthorized advertisement in newspapers and magazines

§ 335. Inserting unauthorized advertisement in newspapers and

magazines. Any person who, with intent to profit, directly or indirectly

thereby, places or causes or produces an advertisement to be placed in

or affixes or causes the same to be affixed to a newspaper without the

consent of the publisher of said newspaper; or who directly or

indirectly places or causes or procures an advertisement to be placed in

or affixes or causes the same to be affixed to a magazine or periodical

without the consent of the publisher of such magazine or periodical, and

in a way calculated to lead the readers thereof to believe that such

advertisement was circulated by such publisher, is guilty of a

misdemeanor.

The placing of an advertisement, notice, circular, pamphlet, card,

hand bill, printed notice of any kind in or the affixing thereof to a

newspaper, magazine, or periodical is presumptive evidence that the

person or persons or corporation or corporations whose name or names

appear thereon as proprietor, advertiser, vendor, or exhibitor, or whose

goods, wares, and merchandise are advertised therein, caused or procured

the same to be so placed or affixed with intent to profit thereby.