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Session Laws, 1935
Volume 579, Page 453   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 453
CHAPTER 212.

AN ACT to add five (5) new sections to Article 83 of
Bagby's Annotated Code of the Public General Laws of
Maryland, Edition of 1924, title "Sales and Notices, " said
new sections to bear the sub-title "Fair Trade Act, " to
follow immediately after Section 104, and to be known as
Sections 105, 106, 107, 108 and 109, respectively, to pro-
tect trade-mark owners, distributors and the public
against injurious and uneconomic practices in the distri-
bution of articles of standard quality under a dis-
tinguished trade-mark, brand or name.

SECTION 1.. Be it enacted by the General Assembly of
Maryland, That five (5) new sections, be, and the same
are hereby, added to Article 83 of Bagby's Annotated Code
of the Public General Laws of Maryland, Edition of 1924,
title "Sales and Notices, " to bear the sub-title "Fair Trade
Act, " to follow immediately after Section 104, and to be
known as Sections 105, 106, 107, 108 and 109, respectively,
said new sections to read as follows:

105. The following terms, as used in this Act, are here-
by defined as follows:

"Producer" means grower, baker, maker, manufacturer
or publisher.

"Commodity" means any subject of commerce.

106. No contract relating to the sale or resale of a com-
modity which bears, or the label or content of which bears,
the trade-mark, brand, or name of the producer or owner of
such commodity and which is in fair and open competition
with commodities of the same general class produced by
others shall be deemed in violation of any law of the State
of Maryland by reason of any of the following provisions
which may be contained in such contract:

1. That the buyer will not resell such commodity except
at the price stipulated by the vendor.

2. That the vendee or producer require in delivery to
whom he may resell such commodity to agree that he will
not, in turn, resell except at the price stipulated by such
vendor or by such vendee.

Such provisions in any contract shall be deemed to con-
tain or imply conditions that such commodity may be resold
without reference to such agreement in the following cases:

1. In closing put the owners' stock for the purpose of
discontinuing delivering any such commodity.

 

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Session Laws, 1935
Volume 579, Page 453   View pdf image (33K)
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