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Maryland Code, Commercial Law § 11-1001

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(a)(1) In this section the following words have the meanings indicated.

(2) “Direct molding process” means any process by which a hull of a vessel or component of the hull of a vessel is used as a plug for the making of a mold from which a duplication of the hull or component of the hull is made.

(3) “Mold” means any pattern, hollow form, matrix, or other device for giving shape or form to material in a plastic or molten state.

(4) “Plug” means a manufactured item used to make a mold.

(5)(i) “Vessel” means every description of watercraft that is used or capable of being used as a means of transportation on water or ice.

(ii) “Vessel” includes:

1. An iceboat;  and

2. The motor, spars, sails, and accessories of a vessel.

(iii) “Vessel” does not include a seaplane.

(b) A person may not duplicate or misappropriate for commercial purposes by copying or using the direct molding process the design of a hull of a vessel or any component of the hull of a vessel manufactured by another person without the prior written consent of the other person.

(c) If a person knew or should have known that a hull of a vessel or any component of the hull of a vessel was duplicated or misappropriated for commercial purposes in violation of subsection (b) of this section, the person may not sell in this State the vessel that was manufactured in violation of subsection (b) of this section.

(d) Any person who is injured in the person's business by virtue of any violation of subsection (b) or subsection (c) of this section:

(1) May sue and recover three times the amount of damages incurred by virtue of the violation, the costs of the suit, and reasonable attorney's fees;  and

(2) May sue for injunctive relief and a court of competent jurisdiction may grant the injunctive relief regardless of whether the person proves irreparable injury because of the violation.

Cite this article: - Maryland Code, Commercial Law § 11-1001 - last updated December 31, 2021 |

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