Texas Business and Commerce Code 17.30 – Misusing Dairy Container Bearing Proprietary Mark
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(a) In this section, unless the context requires a different definition, “dairy container” includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar.
(b) Without the owner’s consent, no person may
(1) fill with milk, cream, butter, or ice cream; damage; mutilate; or destroy a dairy container bearing the owner’s commonly used proprietary mark; or
(2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark.
Terms Used In Texas Business and Commerce Code 17.30
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Without the owner’s written consent, no person may
(1) deface or remove an owner’s proprietary mark from a dairy container; or
(2) substitute on a dairy container his proprietary mark for that of the owner.
(d) A person’s commonly used proprietary mark on a dairy container is prima facie evidence of that person’s ownership of the container.
(e) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100.