reglab/housing_qa huggingface dataset:
MT Code § 30-13-331 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-331. Classification

  30-13-331. Classification. The secretary of state shall adopt rules establishing a classification of goods and services for convenience of administration of this part. The classification does not limit or extend the applicant's or registrant's rights. A single application for registration of a mark may include any or all goods upon which or services with which the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practical, the classification of goods and services must conform to the classification adopted by the United States patent and trademark office.   History: En. Sec. 12, Ch. 429, L. 1979; amd. Sec. 10, Ch. 257, L. 2003.
MT Code § 30-13-332 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-332. Fraudulent registration

  30-13-332. Fraudulent registration. Any person who, for the person's own sake or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this part by knowingly making any false or fraudulent representation or declaration, verbally or in writing or by any other fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration. Damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.   History: En. Sec. 13, Ch. 429, L. 1979; amd. Sec. 11, Ch. 257, L. 2003.
MT Code § 30-13-333 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-333. Infringement

  30-13-333. Infringement. (1) In addition to the penalties and remedies provided for in 30-13-338 and subject to the provisions of 30-13-336 and subsection (2) of this section, a person is liable in a civil action brought by the registrant under 30-13-335 if the person:   (a) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of the goods or services; or   (b) reproduces, counterfeits, copies, or colorably imitates any registered mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of the goods or services.   (2) However, the registrant is not entitled to recover under subsection (1)(b) any profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.   History: En. Sec. 14, Ch. 429, L. 1979; amd. Sec. 12, Ch. 257, L. 2003; amd. Sec. 3, Ch. 177, L. 2009.
MT Code § 30-13-334 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-334. Injury to business reputation -- dilution

  30-13-334. Injury to business reputation -- dilution. (1) The owner of a mark that is famous in this state is entitled, subject to the principles of equity and upon terms that seem reasonable to the court, to an injunction against another person's commercial use of a mark or trade name if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark and may obtain other relief as provided in this section.   (2) In determining whether a mark is distinctive and famous, a court may consider factors including but not limited to:   (a) the degree of inherent or acquired distinctiveness of the mark in this state;   (b) the duration and extent of use of the mark in connection with the goods and services with which the mark is used;   (c) the duration and extent of advertising and publicity of the mark in this state;   (d) the geographical extent of the trading area in which the mark is used;   (e) the channels of trade for the goods or services with which the mark is used;   (f) the degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;   (g) the nature and extent of use of the same or similar mark by third parties; and   (h) whether the mark is the subject of a registration in this state or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.   (3) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If a willful intent is proven, the owner is also entitled to the remedies set forth in this part, subject to the discretion of the court and the principles of equity.   (4) The following are not actionable under this section:   (a) fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;   (b) noncommercial use of the mark; or   (c) all forms of news reporting and news commentary.   History: En. Sec. 15, Ch. 429, L. 1979; amd. Sec. 13, Ch. 257, L. 2003.
MT Code § 30-13-335 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-335. Remedies

  30-13-335. Remedies. (1) An owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. Any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as is considered by the court to be just and reasonable. The court may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court or to the complainant to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and reasonable attorney fees of the prevailing party in cases in which the court finds that the other party committed the wrongful acts with knowledge, in bad faith, or otherwise as according to the circumstances of the case.   (2) The enumeration in this part of any right or remedy does not affect a registrant's right to prosecute under any criminal law of this state.   History: En. Sec. 16, Ch. 429, L. 1979; amd. Sec. 14, Ch. 257, L. 2003.
MT Code § 30-13-336 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-336. Common-law rights

  30-13-336. Common-law rights. Nothing in this part adversely affects the rights or the enforcement of rights in marks acquired at common law in good faith at any time.   History: En. Sec. 17, Ch. 429, L. 1979.
MT Code § 30-13-337 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-337. Forum for actions regarding registration -- service on out-of-state registrants

  30-13-337. Forum for actions regarding registration -- service on out-of-state registrants. (1) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part must be brought in district court. In an action in mandamus, the proceeding must be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state may not be made a party to the proceeding but must be notified of the filing of the complaint by the clerk of the court in which the action is filed and must be given the right to intervene in the action.   (2) In any action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure.   History: En. Sec. 15, Ch. 257, L. 2003.
MT Code § 30-13-338 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-338. Trademark counterfeiting -- presumption -- penalties -- restitution -- forfeiture

  30-13-338. Trademark counterfeiting -- presumption -- penalties -- restitution -- forfeiture. (1) (a) A person commits the offense of trademark counterfeiting if the person knowingly manufactures, distributes, transports, offers for sale, sells, or possesses with intent to sell or distribute any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, packaging, or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any goods or services bearing a counterfeit mark.   (b) A person having possession, custody, or control of more than 25 items of goods, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, packaging, or any other components of any type or nature bearing a counterfeit mark must be presumed to possess the items with intent to offer for sale, sell, or distribute the items.   (2) (a) A person convicted of the offense of trademark counterfeiting shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offense involves less than 100 items bearing one or more counterfeit marks or the total retail value is less than $1,000. A person convicted of a second offense shall be fined $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined $1,000 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months.   (b) If the offense involves 100 items or more bearing one or more counterfeit marks and the retail value is $1,000 or more, the person shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.   (3) When imposing sentence on a person convicted of a violation of this section, the court may order restitution as provided in 30-13-335 to any person harmed by the trademark counterfeiting.   (4) (a) Any items bearing a counterfeit mark and all personal property employed or used in connection with counterfeiting, including but not limited to any items, objects, tools, machines, equipment, instruments, or vehicles of any kind, must be seized by law enforcement officials who have the opportunity to take possession of the items or personal property.   (b) All seized items and personal property referenced in this subsection (4) must be forfeited and may, upon request of the registrant, be released to the registrant for destruction or destroyed by an officer of the court as provided in 30-13-335 unless the registrant agrees to another disposition of the seized items or personal property.   History: En. Sec. 2, Ch. 177, L. 2009; amd. Sec. 19, Ch. 19, L. 2011.
MT Code § 30-13-339 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-339. and 30-13-340 reserved

  30-13-339 and 30-13-340 reserved.
MT Code § 30-13-341 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-341. Repealed

  30-13-341. Repealed. Sec. 16, Ch. 257, L. 2003.   History: En. Sec. 4, Ch. 273, L. 1989; amd. Sec. 4, Ch. 290, L. 1997.
MT Code § 30-13-342 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-342. Political party central committee marks

  30-13-342. Political party central committee marks. Only a city, county, or state central committee of a political party may register a mark on behalf of the central committee. The secretary of state may not accept an application identifying the mark of a city, county, or state central committee of a political party unless it is accompanied by a resolution of the relevant central committee attesting that it is the entity applying for the mark.   History: En. Sec. 5, Ch. 198, L. 2019.
MT Code § 30-14-101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-101. Short title

  30-14-101. Short title. This part shall be cited as the "Montana Unfair Trade Practices and Consumer Protection Act of 1973".   History: En. Sec. 19, Ch. 275, L. 1973; R.C.M. 1947, 85-418.
MT Code § 30-14-103 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-103. Unlawful practices

  30-14-103. Unlawful practices. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.   History: En. Sec. 2, Ch. 275, L. 1973; R.C.M. 1947, 85-402.
MT Code § 30-14-104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-104. Federal interpretation -- rules determining unfair competition and deception

  30-14-104. Federal interpretation -- rules determining unfair competition and deception. (1) It is the intent of the legislature that in construing 30-14-103 due consideration and weight shall be given to the interpretations of the federal trade commission and the federal courts relating to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.   (2) The department may make rules interpreting the provisions of 30-14-103. Such rules shall not be inconsistent with the rules, regulations, and decisions of the federal trade commission and the federal courts in interpreting the provisions of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.   History: En. Sec. 3, Ch. 275, L. 1973; R.C.M. 1947, 85-403.
MT Code § 30-14-105 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-105. Exemptions

  30-14-105. Exemptions. This part does not apply to:   (1) actions or transactions permitted under laws administered by the Montana public service commission or the state auditor; or   (2) acts of a retail merchant, publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station or advertising agency in the publication or dissemination of an advertisement when the merchant, publisher, owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement.   History: En. Sec. 4, Ch. 275, L. 1973; R.C.M. 1947, 85-404; amd. Sec. 2, Ch. 322, L. 2003.
MT Code § 30-14-106 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-106. and 30-14-107 reserved

  30-14-106 and 30-14-107 reserved.
MT Code § 30-14-108 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-108. Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required

  30-14-108. Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required. (1) A gift certificate is valid until redemption and does not terminate. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate.   (2) The value represented by the gift certificate belongs to the possessor and not to the issuer or seller. An issuer or seller may redeem a gift certificate presented by an individual whose name does not match the name on the gift certificate.   (3) A gift certificate may not be reduced in value by any fee, including a dormancy fee applied if a certificate is not used.   (4) If the original value of the gift certificate was more than $5 and the remaining value is less than $5 and the possessor requests cash for the remainder, the issuer or seller shall redeem the gift certificate for cash.   History: En. Sec. 1, Ch. 291, L. 2005.
MT Code § 30-14-109 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-109. and 30-14-110 reserved

  30-14-109 and 30-14-110 reserved.
MT Code § 30-14-111 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-111. Department to restrain unlawful acts

  30-14-111. Department to restrain unlawful acts. (1) Whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice declared by 30-14-103 to be unlawful and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person.  (2) The notice must state generally the relief sought and be served in accordance with 30-14-115 at least 20 days before the hearing of the action in which the relief sought is a temporary or permanent injunction. The notice for a temporary restraining order is governed by 27-19-315.   (3) An action under this section may be brought in the district court in the county in which a person resides or has the person's principal place of business or in the district court of Lewis and Clark County if the person is not a resident of this state or does not maintain a place of business in this state.   (4) A district court is authorized to issue temporary or permanent injunctions or temporary restraining orders to restrain and prevent violations of this part, and an injunction must be issued without bond.   History: En. Sec. 5, Ch. 275, L. 1973; R.C.M. 1947, 85-405; amd. Sec. 1, Ch. 394, L. 1979; amd. Sec. 3, Ch. 322, L. 2003; amd. Sec. 10, Ch. 535, L. 2021.
MT Code § 30-14-112 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-112. Assurance of compliance

  30-14-112. Assurance of compliance. In the administration of this part, the department may accept an assurance of voluntary compliance with respect to any method, act, or practice considered to be in violation of this part from any person who has engaged or was about to engage in any method, act, or practice. Any assurance must be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has a principal place of business or the district court of Lewis and Clark County. Assurance of voluntary compliance is not an admission of violation for any purpose. Matters closed may at any time be reopened by the department for further proceedings in the public interest, pursuant to 30-14-111.   History: En. Sec. 9, Ch. 275, L. 1973; amd. Sec. 10, Ch. 265, L. 1977; R.C.M. 1947, 85-409; amd. Sec. 954, Ch. 56, L. 2009.
MT Code § 30-14-113 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-113. Investigative demand

  30-14-113. Investigative demand. (1) When it appears to the department that the person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when the department believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, the department may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand. The demand requires the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.   (2) At any time before the return date specified in an investigative demand or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date or to modify or set aside the demand, stating good cause, may be filed in the district court of the county in which the person served with the demand resides or has a principal place of business or in the district court of Lewis and Clark County.   History: En. Sec. 10, Ch. 275, L. 1973; amd. Sec. 11, Ch. 265, L. 1977; R.C.M. 1947, 85-410; amd. Sec. 955, Ch. 56, L. 2009.
MT Code § 30-14-114 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 1. Consumer Protection Act|30-14-114. Department authority

  30-14-114. Department authority. To accomplish the objectives and to carry out the duties prescribed by this part, the department, in addition to other powers conferred upon it by this part, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe forms, and adopt rules as may be necessary that have the force of law. However, the powers conferred by this part may not be used for the purpose of compelling any natural person to furnish testimony or evidence that might tend to incriminate the person or subject the person to a penalty or forfeiture. Information obtained pursuant to the powers conferred by this part may not be made public or disclosed by the department or its employees beyond the extent necessary for law enforcement purposes in the public interest.   History: En. Sec. 11, Ch. 275, L. 1973; R.C.M. 1947, 85-411; amd. Sec. 956, Ch. 56, L. 2009.