§ 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.
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