44-1721. Definitions In this article, unless the context otherwise requires: 1. " Bakery rack" means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products. 2. " Bakery tray" means a […]
44-1722. Registration of name or mark; notice To designate ownership of a particular name or mark, the owner of a container may either: 1. Use as a name or mark a trademark or trade name that the owner of the container has registered with the secretary of state pursuant to chapter 10, articles 3 and […]
44-1723. Unlawful activities; civil action The owner of a container may file a civil action for and shall be awarded damages, injunctive relief or the provisional remedy of replevin or any such combination against a person who, without the owner’s consent, does any of the following: 1. Removes the owner’s container from the owner’s or […]
44-1724. Damages; costs; attorney fees In a civil action pursuant to section 44-1723, the container owner is entitled to recover as damages the greater of three times the amount of actual replacement cost of each container recovered or taken or one hundred dollars for each violation and ten dollars for each container. The prevailing party […]
44-1725. Presumption of unauthorized activity A rebuttable presumption arises that there is a violation of section 44-1723 if any person other than the owner possesses, without the owner’s consent, a container that displays the owner’s name or mark.
