Delaware Code Title 6 Sec. 2534 – Application
(a) This chapter does not apply to:
(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency, or a board or commission organized under Professions and Occupations in Title 24, and shall not be the subject of a private cause of action thereunder; provided that said conduct has been addressed by the applicable statute, order, or rule of a board or commission organized under Title 24 and said order or rule does not clearly conflict with a specific provision of the consumer protection laws the Attorney General is charged to enforce;
(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3) Actions or appeals pending on April 19, 1965.
Terms Used In Delaware Code Title 6 Sec. 2534
- Certification mark: means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization. See Delaware Code Title 6 Sec. 2531
- Collective mark: means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization. See Delaware Code Title 6 Sec. 2531
- Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
- Mark: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement. See Delaware Code Title 6 Sec. 2531
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
- Statute: A law passed by a legislature.
- Trade name: means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify a business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. See Delaware Code Title 6 Sec. 2531
- Trademark: means a mark used by a person to identify goods and to distinguish them from the goods of others. See Delaware Code Title 6 Sec. 2531
(b) Section 2532(a)(2) and (3) of this title do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before April 19, 1965, if the use was in good faith and is otherwise lawful except for this chapter.
6 Del. C. 1953, § ?2534; 55 Del. Laws, c. 36; 77 Del. Laws, c. 282, § ?19;