Any trade name may be transferred in the same manner as personal property in connection with the good will of the business in which it is used or the part thereof to which it is appurtenant, and the owner is entitled to the same protection by suits at law or in equity.
Trade Names and DesignationsTrade Names
Section § 14401
You can transfer a trade name (a name used for your business) just like you would transfer other personal property when sold with the goodwill of the business. The owner of the trade name can also legally protect their rights to it through lawsuits if necessary.
trade name transfer personal property goodwill
Section § 14402
If someone uses a trade name in a way that violates rights defined in this chapter, a court that has the right authority can issue an order to stop them.
Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter.
court injunction trade name violation of rights
Section § 14403
This law makes it a misdemeanor for someone to use containers or items with someone else's trade name—like bottles or labels—if they are doing it to trick or cheat others by selling different products than what was originally inside.
Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected with it, the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand or other thing, originally contained, or is connected with by the owner of the trade name, with intent to deceive or defraud, is guilty of a misdemeanor.
misdemeanor trade name misuse deceptive labeling
Section § 14404
This law makes it a misdemeanor for someone to purposely remove or destroy the trade name from any container like a bottle or keg if they do it to sell or reuse the container to cheat the owner, without the owner's consent or without buying it from the owner.
Every person who wilfully defaces, obliterates, or otherwise removes, destroys, or conceals the trade name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof, without the consent of the owner, or unless the same has been purchased from the owner, is guilty of a misdemeanor.
defacing trade name obliterate trade marks remove branding
Section § 14405
This law makes it illegal to sell, traffic, or refill containers like kegs, bottles, or cases that have someone else's trade name on them without the owner's permission or without buying them from the owner. Doing so with the intent to deceive the owner is considered a misdemeanor.
Every person who wilfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case or other package bearing the trade name of another, printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner, or unless it has been purchased from the owner, is guilty of a misdemeanor.
trade name containers kegs
