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Cal. Bus. & Prof. Code § 14430

Container Brands

Applied in 2 court decisions — leading case Rolex Watch, U.S.A., Inc. v. Michel Co. (1999)

Most recently applied in 540 F. Supp. 2d 1154 - Rexel, Inc. v. Rexel International Trading Corp. (March 2008)

Amended by Stats. 1982, Ch. 194, Sec. 4.

It is unlawful for any person except a person named in subdivision (a) to do any of the acts named in subdivision (b).

(a) Persons excepted:

(1) The owner of the brand which has been filed in accordance with this article.

(2) The registrant.

(3) Members of any corporation or association which is the registrant.

(4) A person who has the written consent of the registrant describing the containers, equipment or supplies to which it applies.

(5) A person who has purchased the container, equipment or supplies from the owner of the brand appearing thereon.

(b) Prohibited acts:

(1) Possessing, using, or filling with any substance any container.

(2) Obliterating or concealing the brand on any container, supplies or equipment.

(3) Selling, buying, giving, taking or otherwise trafficking in any container, equipment, or supplies.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.