1997 Minnesota Statutes

CHAPTER 509. Registration; marks, names or devices

     509.01 Recordation.  

    Any person engaged in, or any corporation or association 
 whose members are engaged in, manufacturing, bottling, or 
 selling soda waters, mineral or aerated waters, porter, ale, 
 cider, ginger ale, small beer, lager beer, Weiss beer, beer, 
 white beer, malt extract, other beverages, milk, cream, ice 
 cream, or butter in any kind of receptacle having the name of 
 such person, corporation, or association, or other mark or 
 device printed, stamped, engraved, etched, blown, impressed, 
 riveted, or otherwise produced or permanently fixed upon the 
 same, may file in the office of the secretary of state for 
 record a description of the name, mark, or device so used and 
 cause such description to be printed once in each week for three 
 successive weeks in a newspaper published in the county in which 
 the principal place of business of such person, corporation, or 
 association is located, or if the principal place of business of 
 such person, corporation, or association is located in another 
 state, then in the county wherein the principal office or depot 
 within this state is located.  It shall be the duty of the 
 secretary of state to issue to the person, corporation, or 
 association so filing for record a description of such name, 
 mark, or device in the office of the secretary of state a duly 
 attested certificate of the record of the same upon receipt of a 
 fee of $10.  Such certificate in all prosecutions under sections 
 509.01 to 509.06 shall be prima facie evidence of the adoption 
 of such name, mark, or device and of the right of the person, 
 corporation, or association named therein to adopt and use the 
 same.  

    HIST: (8330) 1905 c 340 s 1; 1939 c 118 s 1; 1955 c 820 s 45; 
 1986 c 444 

     509.02 Unlawful use of containers; obliterating name; 
  penalty.  

    It shall be unlawful for any person other than the one 
 named in the certificate issued by the secretary of state, as 
 provided in section 509.01, without the written consent of the 
 person named in such certificate, to fill any receptacle bearing 
 a name, mark, or device recorded, as provided in section 509.01, 
 with soda water, mineral or aerated waters, porter, ale, cider, 
 ginger ale, small beer, lager beer, Weiss beer, beer, white 
 beer, malt extract, other beverages, milk, cream, ice cream, or 
 butter, or to deface, erase, obliterate, cover up, or otherwise 
 remove or conceal any such name, mark, or device on any such 
 receptacle, or to buy, sell, give, take, dispose of in any way, 
 or traffic in any receptacle bearing any such name, mark, or 
 device.  Any person offending against any provision of this 
 section shall be deemed guilty of a misdemeanor; and upon 
 conviction thereof punished by imprisonment in the county jail 
 for not less than ten nor more than 90 days or by a fine of not 
 less than $10 or more than $100 and each such receptacle so 
 unlawfully dealt with as herein set out shall be deemed and held 
 to be a separate offense.  

    HIST: (8331) 1905 c 340 s 2 

     509.03 Receptacles delivered on demand; penalty.  

    Any person having in possession or under control any 
 receptacle bearing any name, mark, or device recorded as 
 provided in section 509.01, and not holding a written transfer 
 or bill of sale therefor from the person named in the 
 certificate issued by the secretary of state as provided in 
 section 509.01, or other authority in writing from such person, 
 upon demand shall deliver such receptacle to the person named in 
 such certificate or to the authorized agent of such person; and 
 any person failing or refusing to so deliver the same when 
 demanded shall be deemed guilty of a misdemeanor; and upon 
 conviction thereof be punished by imprisonment in the county 
 jail for not less than ten nor more than 90 days or by a fine of 
 not less than $10 nor more than $100.  

    HIST: (8332) 1905 c 340 s 3 

     509.04 Recovery of receptacles; search warrant. 

    When any person who has filed for record any name, mark, or 
 device or who has acquired from the owner in writing the 
 ownership of the name, mark, or device or the right to the 
 exclusive use of it, or anyone representing the person, swears 
 before any judge that the person has reason to believe and does 
 believe that any receptacle bearing the name, mark, or device is 
 being unlawfully used or filled or possessed by any person, the 
 judge shall issue a search warrant to discover and obtain the 
 receptacle.  The judge may also cause the person possessing the 
 receptacle to be brought before the court and shall then inquire 
 into the circumstances of possession.  If found guilty of 
 violating any provisions of sections 509.01 to 509.06, the 
 person shall be punished as prescribed and the possession of the 
 property taken upon the warrant shall be awarded to its owner.  
 The remedy provided by this section is not exclusive, and 
 violators of any provision of those sections may also be 
 prosecuted as in case of other misdemeanors.  

    HIST: (8333) 1905 c 340 s 4; 1983 c 359 s 73; 1986 c 444 

     509.05 Receptacle and other terms defined.  

    As used in sections 509.01 to 509.06, the term "receptacle" 
 includes not only bottles, siphons, tins, kegs, one-eighth 
 barrels, quarter barrels, half barrels, barrels, boxes, cans, 
 and tubs, but all other receptacles used for holding any of the 
 commodities in those sections mentioned; the term "person" may 
 include corporation; and the requirement for a written transfer, 
 bill of sale, authority, or consent means that it shall be 
 signed by the person named in the certificate issued by the 
 secretary of state, as provided by section 509.01, or by a 
 transferee claiming under a written transfer signed by such 
 person or by an agent whose authority is in writing signed by 
 such person or such transferee.  

    HIST: (8334) 1905 c 340 s 5 

     509.06 Taking deposit.  

    The requiring or taking of any deposit for any purpose upon 
 such receptacle shall not be deemed nor held to be a sale either 
 optional or otherwise in any proceeding under sections 509.01 to 
 509.06. 

    HIST: (8335) 1905 c 340 s 6 

  509.07-509.10 Repealed, 1957 c 91 s 1