§ 8-12-40 — Purchase, Sale, Etc., of Container Upon Which Name Appears

Alabama § 8-12-40

• Jurisdiction: Alabama
• Title 8: Commercial Law and Consumer Protection
• Ch. 12: Trademarks, Names, Marks, Devices, and Labels
• Art. 4: Marked Containers for Milk and Milk Products

Text

It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container upon which or in which, appears in permanent form, the name, trade name, or trademark of the owner thereof, in which milk or milk products are sold and delivered with the understanding at the time of such sale and delivery of the contents thereof that such bottle, can, crate, or container is the property of the person, firm, or corporation whose name, trade name, or trademark is designated in permanent form thereon or therein; provided, that this section shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor shall it apply to purchasers at execution sales or other judicial sales; provided further, that any person, firm, or corporation who may sell or otherwise dispose of his, their, or its business in bulk may transfer his, their, or its bottles, cans, crates, or containers to his, their, or its vendee by bill of sale; provided further, that the provisions of this section shall not apply to bottle exchanges which are operated by or patronized by the owners of such bottles, cans, crates, or like containers.

Legislative History

(Acts 1931, No. 703, p. 827; Code 1940, T. 2, §402.)