reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 4. Sale of Specific Commodities › 30-12-409. Sale of gasoline and distillates on other than gross volume basis unlawful -- exception

30-12-409. Sale of gasoline and distillates on other than gross volume basis unlawful -- exception.
(1) Except as provided in subsection (2) or in Title 82, chapter 15, part 1, the sale, barter, or exchange of gasoline and distillates on a temperature corrected basis or on any basis other than the gross volume of gasoline or distillate actually delivered is void. Any contract in violation of this section shall be unenforceable to the extent of the violation.
(2) Suppliers of gasoline and distillates shall offer Montana petroleum wholesale distributors the option to buy gasoline and distillates either by gross volume actually delivered or on the assumption that the temperature of the product is 60 degrees Fahrenheit or the centigrade equivalent. This purchaser option may be exercised only on an annual basis and may be applied only to single deliveries of 7,500 gallons or more or the metric equivalent. Any adjustments to volume during the temperature compensation process must be made in accordance with standards set under 82-15-103, 82-15-108, and 82-15-109. Purchasers who choose to exercise the option available under this subsection must be provided with invoice listings of both net and gross gallons.
(3) This section does not apply to the exchange or transfer of gasoline and distillates between refiners or transporters of petroleum or petroleum products.
History: En. 13-812 by Sec. 1, Ch. 198, L. 1975; amd. Sec. 1, Ch. 274, L. 1977; R.C.M. 1947, 13-812; amd. Sec. 1, Ch. 166, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-502. Hindering or obstructing officer -- penalties

30-12-502. Hindering or obstructing officer -- penalties.
A person who hinders or obstructs the department in any way in the performance of its official duties is guilty of a misdemeanor and upon conviction shall be fined not less than $20 or more than $200 or imprisoned not more than 3 months or both fined and imprisoned.
History: En. Sec. 34, Ch. 99, L. 1969; amd. Sec. 165, Ch. 431, L. 1975; R.C.M. 1947, 90-186.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-503. Impersonation of officer -- penalties

30-12-503. Impersonation of officer -- penalties.
A person who in any way impersonates a person charged with enforcement of parts 1 through 5 by the department, by the use of its seal or a counterfeit of its seal or in any other manner, is guilty of a misdemeanor and upon conviction shall be fined not less than $100 or more than $500 or imprisoned for not more than 1 year or both fined and imprisoned.
History: En. Sec. 35, Ch. 99, L. 1969; amd. Sec. 166, Ch. 431, L. 1975; R.C.M. 1947, 90-187.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-504. Offenses and penalties

30-12-504. Offenses and penalties.
(1) A person may not:
(a) use or possess for the purpose of using for a commercial purpose specified in 30-12-205, sell, offer or expose for sale or hire, or possess for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;
(b) use or possess for the purpose of current use for a commercial purpose specified in 30-12-205 a weight or measure that does not bear a seal or mark specified in 30-12-209 unless that weight or measure has been exempted from testing by 30-12-205 or by a rule of the department issued under 30-12-202 or unless the device has been placed in service as provided by a rule of the department issued under 30-12-202. A person using weighing or measuring devices subject to parts 1 through 5 shall report to the department, in writing, the number and location of the weighing or measuring device and shall promptly report the installation of any new weighing or measuring device.
(c) dispose of a rejected or condemned weight or measure in a manner contrary to law or rule;
(d) remove from a weight or measure, contrary to law or rule, any tag, seal, or mark placed on it by the appropriate authority;
(e) sell or offer or expose for sale less than the quantity the person represents of a commodity, thing, or service;
(f) take more than the quantity the person represents of a commodity, thing, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined;
(g) keep for the purpose of sale, advertise or offer or expose for sale, or sell a commodity, thing, or service in a condition or manner contrary to law or rule;
(h) use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer;
(i) violate a provision of parts 1 through 5 or of the rules adopted under parts 1 through 5 for which a specific penalty is not prescribed.
(2) A person who violates or who knowingly allows an employee or agent to violate this section is guilty of a misdemeanor and upon a first conviction shall be fined not less than $20 or more than $200 or imprisoned for not more than 3 months or both fined and imprisoned. Upon a second or subsequent conviction, the person shall be fined not less than $50 or more than $500 or imprisoned for not more than 1 year or both fined and imprisoned.
History: En. Sec. 36, Ch. 99, L. 1969; amd. Sec. 167, Ch. 431, L. 1975; R.C.M. 1947, 90-188; amd. Sec. 948, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-505. Injunction

30-12-505. Injunction.
The department may apply to any court of competent jurisdiction for, and that court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining a person from violating any provision of parts 1 through 5 of this chapter.
History: En. Sec. 37, Ch. 99, L. 1969; amd. Sec. 168, Ch. 431, L. 1975; R.C.M. 1947, 90-189.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-506. Presumptive evidence

30-12-506. Presumptive evidence.
For the purposes of parts 1 through 5, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which is shown that buying or selling is commonly carried on is, in the absence of credible evidence to the contrary, presumptive proof of the regular use of that weight or measure or weighing or measuring device for commercial purposes and of the use by the person in charge of the building, enclosure, stand, or vehicle.
History: En. Sec. 38, Ch. 99, L. 1969; amd. Sec. 169, Ch. 431, L. 1975; R.C.M. 1947, 90-190.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 5. Offenses and Penalties › 30-12-507. Validity of prosecutions

30-12-507. Validity of prosecutions.
Prosecutions for violation of any provision of parts 1 through 5 are declared to be valid and proper, notwithstanding the existence of any other valid general or specific law of this state dealing with matters that may be the same as or similar to those covered by parts 1 through 5.
History: En. Sec. 39, Ch. 99, L. 1969; R.C.M. 1947, 90-191.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 6. Money of Account › 30-12-601. Money of account

30-12-601. Money of account.
The money of account in this state is the dollar, cent, and mill. Public accounts and all proceedings in courts must be kept and had in conformity to this regulation.
History: En. Sec. 3150, Pol. C. 1895; re-en. Sec. 2033, Rev. C. 1907; re-en. Sec. 4283, R.C.M. 1921; Cal. Pol. C. Sec. 3272; re-en. Sec. 4283, R.C.M. 1935; R.C.M. 1947, 90-501.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 6. Money of Account › 30-12-602. Limitation

30-12-602. Limitation.
The provisions of 30-12-601 do not vitiate or affect any account, charge, or entry originally made or any note, bond, or other instrument expressed in any other money of account; but the same must be reduced to dollars and cents in any action.
History: En. Sec. 3151, Pol. C. 1895; re-en. Sec. 2034, Rev. C. 1907; re-en. Sec. 4284, R.C.M. 1921; Cal. Pol. C. Sec. 3273; re-en. Sec. 4284, R.C.M. 1935; R.C.M. 1947, 90-502.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-701. Void

30-12-701. Void.
Sec. 8, Ch. 279, L. 2005.
History: En. Sec. 1, Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-702. Definitions

30-12-702. Definitions.
As used in this part, the following definitions apply:
(1) "Label" has the meaning provided in 50-31-103.
(2) "Package" has the meaning provided in 50-31-103.
History: En. Sec. 2, Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-703. Labeling permitted

30-12-703. Labeling permitted.
All producers, growers, and shippers of beef, pork, poultry, or lamb in this state are permitted to label each individual portion, piece, or package of beef, pork, poultry, or lamb in a conspicuous place as legibly, indelibly, and permanently as the nature of the commodity will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Montana.
History: En. Sec. 3(1), Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-704. Void

30-12-704. Void.
Sec. 8, Ch. 279, L. 2005.
History: En. Sec. 3(2) thru (5), Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-705. Void

30-12-705. Void.
Sec. 8, Ch. 279, L. 2005.
History: En. Sec. 4, Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 7. Country of Origin of Meat › 30-12-706. Void

30-12-706. Void.
Sec. 8, Ch. 279, L. 2005.
History: En. Sec. 5, Ch. 279, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1001. Repealed

30-12-1001. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 1, Ch. 69, L. 1959; Sec. 3-1510, R.C.M. 1947; amd. and redes. 90-701 by Sec. 80, Ch. 218, L. 1974; R.C.M. 1947, 90-701; amd. Sec. 2, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1002. Repealed

30-12-1002. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 4, Ch. 69, L. 1959; Sec. 3-1513, R.C.M. 1947; amd. and redes. 90-702 by Sec. 83, Ch. 218, L. 1974; R.C.M. 1947, 90-702; amd. Sec. 6, Ch. 137, L. 1979; amd. Sec. 2, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1003. Repealed

30-12-1003. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 5, Ch. 69, L. 1959; Sec. 3-1514, R.C.M. 1947; amd. and redes. 90-703 by Sec. 84, Ch. 218, L. 1974; R.C.M. 1947, 90-703; amd. Sec. 2, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1004. Repealed

30-12-1004. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 6, Ch. 69, L. 1959; Sec. 3-1515, R.C.M. 1947; amd. and redes. 90-704 by Sec. 85, Ch. 218, L. 1974; R.C.M. 1947, 90-704.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1005. Repealed

30-12-1005. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 3, Ch. 69, L. 1959; Sec. 3-1512, R.C.M. 1947; amd. and redes. 90-705 by Sec. 82, Ch. 218, L. 1974; R.C.M. 1947, 90-705.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 12. Weights, Measures, Standards, and Labeling › Part 10. Paints -- Labeling (Repealed) › 30-12-1006. Repealed

30-12-1006. Repealed.
Sec. 1, Ch. 24, L. 1997.
History: En. Sec. 2, Ch. 69, L. 1959; Sec. 3-1511, R.C.M. 1947; amd. and redes. 90-706 by Sec. 81, Ch. 218, L. 1974; R.C.M. 1947, 90-706.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-101. Repealed

30-13-101. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 3160, Pol. C. 1895; re-en. Sec. 2036, Rev. C. 1907; re-en. Sec. 4286, R.C.M. 1921; Cal. Pol. C. Sec. 3196; re-en. Sec. 4286, R.C.M. 1935; R.C.M. 1947, 85-101.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-102. Repealed

30-13-102. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 1370, Civ. C. 1895; re-en. Sec. 4565, Rev. C. 1907; re-en. Sec. 6812, R.C.M. 1921; Cal. Civ. C. Sec. 991; Based on Field Civ. C. Sec. 435; re-en. Sec. 6812, R.C.M. 1935; R.C.M. 1947, 67-1110.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-103. Repealed

30-13-103. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 1, p. 103, L. 1899; re-en. Sec. 2037, Rev. C. 1907; re-en. Sec. 4287, R.C.M. 1921; Cal. Pol. C. Sec. 3197; re-en. Sec. 4287, R.C.M. 1935; R.C.M. 1947, 85-102.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-104. Repealed

30-13-104. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 1, p. 103, L. 1899; re-en. Sec. 2038, Rev. C. 1907; re-en. Sec. 4288, R.C.M. 1921; Cal. Pol. C. Sec. 3198; amd. Sec. 1, Ch. 68, L. 1931; re-en. Sec. 4288, R.C.M. 1935; amd. Sec. 16, Ch. 117, L. 1961; R.C.M. 1947, 85-103.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-105. Repealed

30-13-105. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 3163, Pol. C. 1895; re-en. Sec. 2039, Rev. C. 1907; re-en. Sec. 4289, R.C.M. 1921; Cal. Pol. C. Sec. 3199; re-en. Sec. 4289, R.C.M. 1935; R.C.M. 1947, 85-104.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-106. Repealed

30-13-106. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: En. Sec. 3300, Pol. C. 1895; re-en. Sec. 2103, Rev. C. 1907; re-en. Sec. 4291, R.C.M. 1921; re-en. Sec. 4291, R.C.M. 1935; R.C.M. 1947, 85-106.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-107. Repealed

30-13-107. Repealed.
Sec. 22, Ch. 429, L. 1979.
History: (1)En. Sec. 3164, Pol. C. 1895; re-en. Sec. 2040, Rev. C. 1907; re-en. Sec. 4290, R.C.M. 1921; re-en. Sec. 4290, R.C.M. 1935; amd. Sec. 22, Ch. 513, L. 1973; amd. Sec. 6, Ch. 265, L. 1977; Sec. 85-105, R.C.M. 1947; (2)En. Sec. 3301, Pol. C. 1895; re-en. Sec. 2104, Rev. C. 1907; re-en. Sec. 4292, R.C.M. 1921; re-en. Sec. 4292, R.C.M. 1935; amd. Sec. 7, Ch. 265, L. 1977; Sec. 85-107, R.C.M. 1947; R.C.M. 1947, 85-105, 85-107.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-111. Repealed

30-13-111. Repealed.
Sec. 18, Ch. 260, L. 1979.
History: En. Sec. 3285, Civ. C. 1895; re-en. Sec. 5509, Rev. C. 1907; re-en. Sec. 8024, R.C.M. 1921; re-en. Sec. 8024, R.C.M. 1935; R.C.M. 1947, 63-606.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-112. Repealed

30-13-112. Repealed.
Sec. 37, Ch. 291, L. 2009.
History: En. Sec. 1, Ch. 49, L. 1913; re-en. Sec. 6897, R.C.M. 1921; re-en. Sec. 6897, R.C.M. 1935; R.C.M. 1947, 73-109.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-121. Goodwill of business

30-13-121. Goodwill of business.
The goodwill of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired.
History: En. Sec. 1371, Civ. C. 1895; re-en. Sec. 4566, Rev. C. 1907; re-en. Sec. 6813, R.C.M. 1921; Cal. Civ. C. Sec. 992; Field Civ. C. Sec. 436; re-en. Sec. 6813, R.C.M. 1935; R.C.M. 1947, 67-1111.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-122. Goodwill transferable

30-13-122. Goodwill transferable.
The goodwill of a business is property, transferable like any other.
History: En. Sec. 1372, Civ. C. 1895; re-en. Sec. 4567, Rev. C. 1907; re-en. Sec. 6814, R.C.M. 1921; Cal. Civ. C. Sec. 993; Field Civ. C. Sec. 437; re-en. Sec. 6814, R.C.M. 1935; R.C.M. 1947, 67-1112.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-131. Product of the mind -- ownership

30-13-131. Product of the mind -- ownership.
The author of any product of the mind, whether it is an invention, a composition in letters or art, or a design, with or without delineation or other graphical representation, has an exclusive ownership of the product and in the representation or expression of the product that continues as long as the product and the representations or expressions of the product made by the author remain in the author's possession.
History: En. Sec. 1360, Civ. C. 1895; re-en. Sec. 4559, Rev. C. 1907; re-en. Sec. 6806, R.C.M. 1921; Cal. Civ. C. Sec. 980; Field Civ. C. Sec. 429; re-en. Sec. 6806, R.C.M. 1935; R.C.M. 1947, 67-1104; amd. Sec. 949, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-132. Joint authorship

30-13-132. Joint authorship.
Unless otherwise agreed, a product of the mind in the production of which several persons are jointly concerned is owned by them as follows:
(1) if the product is single, in equal proportions;
(2) if it is not single, in proportion to the contribution of each.
History: En. Sec. 1361, Civ. C. 1895; re-en. Sec. 4560, Rev. C. 1907; re-en. Sec. 6807, R.C.M. 1921; Cal. Civ. C. Sec. 981; Field Civ. C. Sec. 430; re-en. Sec. 6807, R.C.M. 1935; R.C.M. 1947, 67-1105.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-133. Transfer

30-13-133. Transfer.
The owner of any product of the mind or of any representation or expression of a product of the mind may transfer the owner's interest in the product.
History: En. Sec. 1362, Civ. C. 1895; re-en. Sec. 4561, Rev. C. 1907; re-en. Sec. 6808, R.C.M. 1921; Cal. Civ. C. Sec. 982; Field Civ. C. Sec. 431; re-en. Sec. 6808, R.C.M. 1935; R.C.M. 1947, 67-1106; amd. Sec. 7, Ch. 137, L. 1979; amd. Sec. 950, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-134. Effect of publication

30-13-134. Effect of publication.
If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person without responsibility to the owner, so far as the law of this state is concerned.
History: En. Sec. 1363, Civ. C. 1895; re-en. Sec. 4562, Rev. C. 1907; re-en. Sec. 6809, R.C.M. 1921; Cal. Civ. C. Sec. 983; Field Civ. C. Sec. 432; re-en. Sec. 6809, R.C.M. 1935; R.C.M. 1947, 67-1107.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-135. Subsequent inventor or author

30-13-135. Subsequent inventor or author.
If the owner of a product of the mind does not make the product public, any other person subsequently and originally producing the same thing has the same right in the product as the prior author, which is exclusive to the same extent against all persons except the prior author or those claiming under the prior author.
History: En. Sec. 1364, Civ. C. 1895; re-en. Sec. 4563, Rev. C. 1907; re-en. Sec. 6810, R.C.M. 1921; Cal. Civ. C. Sec. 984; Field Civ. C. Sec. 433; re-en. Sec. 6810, R.C.M. 1935; R.C.M. 1947, 67-1108; amd. Sec. 951, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-136. Private writings

30-13-136. Private writings.
Letters and other private communications in writing belong to the person to whom they are addressed and delivered, but they cannot be published against the will of the writer except by authority of law.
History: En. Sec. 1365, Civ. C. 1895; re-en. Sec. 4564, Rev. C. 1907; re-en. Sec. 6811, R.C.M. 1921; Cal. Civ. C. Sec. 985; Field Civ. C. Sec. 434; re-en. Sec. 6811, R.C.M. 1935; R.C.M. 1947, 67-1109.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-141. Definitions

30-13-141. Definitions.
As used in 30-13-141 through 30-13-147, the following definitions apply:
(1) "Owner" means the person who owns the original fixation of sounds embodied in a master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded and from which the transferred recorded sounds are directly derived.
(2) "Performer" means the person or persons appearing in a performance.
(3) "Person" means any individual, firm, partnership, limited liability company, corporation, or association.
(4) "Sound recording" means a phonograph record, disc, wire, tape, film, or other article on which sound is recorded.
History: En. Sec. 1, Ch. 367, L. 1977; R.C.M. 1947, 85-601; amd. Sec. 79, Ch. 120, L. 1993.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-142. Unauthorized manufacture of sound recordings prohibited

30-13-142. Unauthorized manufacture of sound recordings prohibited.
(1) No person may knowingly, without the consent of the owner, transfer or cause to be transferred any sounds recorded on a sound recording with the intent to sell or cause to be sold for profit any sound recordings onto which such sounds are transferred or to use such sound recordings to promote the sale of any product.
(2) No person may knowingly and without the consent of the performer transfer or cause to be transferred to any sound recording any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell or cause to be sold for profit or to be used to promote the sale of any product such sound recording onto which such performance is so transferred.
(3) A person convicted of violating this section shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
History: En. Sec. 2, Ch. 367, L. 1977; R.C.M. 1947, 85-602; amd. Sec. 7, Ch. 198, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-143. Sale of unauthorized sound recordings prohibited

30-13-143. Sale of unauthorized sound recordings prohibited.
(1) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording that has been produced without the consent of the owner. Possession of 5 or more duplicate copies or 20 or more individual copies of such sound recording produced without the consent of the owner creates a rebuttable presumption that the copies are intended for sale or distribution in violation of this section.
(2) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recordings embodying any performance, whether live before an audience or transmitted by wire or through the air by radio or television, without the prior express written consent of the performer.
(3) A person convicted of violating this section shall be fined no more than $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. Sec. 3, Ch. 367, L. 1977; R.C.M. 1947, 85-603.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-144. Sale of sound recording without name of manufacturer and name of performer or group prohibited

30-13-144. Sale of sound recording without name of manufacturer and name of performer or group prohibited.
(1) No person may advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording unless the outside cover, box, or jacket clearly and conspicuously discloses the name and address of its manufacturer and the name of the performer actually producing the sounds recorded.
(2) A person convicted of violating this section shall be fined no more than $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. Sec. 4, Ch. 367, L. 1977; R.C.M. 1947, 85-604.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-145. Forfeiture

30-13-145. Forfeiture.
Any article produced in violation of 30-13-142 through 30-13-144 and any equipment used to produce it are subject to forfeiture to and destruction by the appropriate law enforcement agency.
History: En. Sec. 5, Ch. 367, L. 1977; R.C.M. 1947, 85-605.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-146. Exceptions

30-13-146. Exceptions.
Sections 30-13-141 through 30-13-147 do not apply to:
(1) any broadcaster who, in connection with a radio, television, or cable broadcast transmission or for the purpose of archival preservation, transfers any sounds recorded on a sound recording;
(2) any person who transfers such sounds in the home for personal use, without compensation; or
(3) any person who transfers a single copy of such sounds for bona fide educational purposes, provided that no person directly or indirectly derives any pecuniary gain from such transfer.
History: En. Sec. 6, Ch. 367, L. 1977; R.C.M. 1947, 85-606.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-147. Civil litigation

30-13-147. Civil litigation.
Sections 30-13-141 through 30-13-147 neither enlarge nor diminish the rights of parties in civil litigation.
History: En. Sec. 7, Ch. 367, L. 1977; R.C.M. 1947, 85-607.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-151. Definitions

30-13-151. Definitions.
As used in 30-13-151 through 30-13-154, the following definitions apply:
(1) "Affiliated person" means a person under common ownership or control of an intended recipient.
(2) "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the person's ordinary business and that is or later becomes the subject of a patent infringement allegation.
(3) "Person" means a natural person, partnership, corporation, company, trust, business entity, or association and an agent, employee, partner, officer, director, member, associate, or trustee of a person.
History: En. Sec. 1, Ch. 186, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-152. Bad faith assertion of patent right

30-13-152. Bad faith assertion of patent right.
(1) A person may not, in connection with the assertion of a United States patent, send or cause a person to send a written or electronic communication stating in bad faith that the intended recipient or an affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person if:
(a) the communication falsely states that litigation has been filed against the intended recipient or threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved; or
(b) the assertions contained in the communication lack a reasonable basis in fact or law because:
(i) the person asserting the patent is not or does not represent a person with the current right to license the patent to or enforce the patent against the intended recipient or an affiliated person;
(ii) the communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final judicial or administrative decision;
(iii) the communication seeks compensation on account of activities undertaken after the patent has expired; or
(iv) the content of the communication fails to include information necessary to inform an intended recipient or affiliated person about the patent assertion by failing to include one of the following:
(A) the identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or an affiliated person;
(B) the patent number issued by the United States patent and trademark office for a patent that is alleged to have been infringed; or
(C) the factual allegations concerning the specific area in which the intended recipient's or affiliated person's technology, products, or services infringed the patent or are covered by the claims of the patent.
(2) It is not a violation of this section for a person who owns or has the right to license or enforce a patent to:
(a) advise others of that ownership or right of license or enforcement;
(b) communicate to others that a patent is available for license or sale;
(c) notify another of the infringement of the patent; or
(d) if the person is not acting in bad faith, seek compensation for past or present infringement or for a license to the patent.
(3) Sections 30-13-151 through 30-13-154 do not apply to a written or electronic communication sent by:
(a) an owner of a patent or a licensee who is using the patent in connection with substantial research, development, production, manufacturing, processing, or delivery of products or materials;
(b) an institution of higher education; or
(c) a technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
(4) This section does not apply to a demand letter or civil action that includes a claim for relief arising under 35 U.S.C. 271(e)(2).
History: En. Sec. 2, Ch. 186, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-153. Remedies for bad faith assertion of patent right

30-13-153. Remedies for bad faith assertion of patent right.
(1) The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154.
(2) In an action brought by the attorney general under 30-13-151 through 30-13-154, the court may award or impose any relief available under 30-13-154.
(3) An intended recipient or affiliated person may bring a cause of action for a violation of 30-13-151 through 30-13-154 and may seek relief provided for in 30-13-154.
(4) In addition to the relief provided for in 30-13-154, upon a motion by the attorney general or a party bringing a claim pursuant to subsection (3) and a finding by the court that there is a reasonable likelihood that a person violated 30-13-152, the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing must be held upon request of any party.
History: En. Sec. 3, Ch. 186, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 1. General Provisions › 30-13-154. Damages

30-13-154. Damages.
A court may award the following relief to a plaintiff who prevails in an action brought pursuant to 30-13-151 through 30-13-154:
(1) compensatory damages;
(2) costs and fees, including reasonable attorney fees; and
(3) punitive damages in an amount equal to three times the total of compensatory damages and costs and fees.
History: En. Sec. 4, Ch. 186, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-201. Definitions

30-13-201. Definitions.
As used in this part, the following definitions apply:
(1) "Assumed business name" means any business name other than the full, true, and correct name of a person.
(2) "Business name identifier" means a word or words used by a business entity in its name or title that describes the type or form of its business. Business name identifiers include but are not limited to corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, and abbreviations of those terms.
(3) "Person" means any individual, partnership, corporation, limited partnership, limited liability company, limited liability partnership, or other association.
History: En Sec. 1, Ch. 260, L. 1979; amd. Sec. 1, Ch. 449, L. 1995; amd. Sec. 1, Ch. 27, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-202. Registration of assumed business name -- when prohibited -- contest procedure -- rulemaking authority

30-13-202. Registration of assumed business name -- when prohibited -- contest procedure -- rulemaking authority.
(1) When an application for registration or amendment to the registration of an assumed business name contains an assumed business name that is the same as or not distinguishable on the record from an assumed business name already registered or from any corporate name, limited partnership name, limited liability company name, limited liability partnership name, trademark, or service mark registered or reserved with the secretary of state, the secretary of state may not register the assumed business name for which application is made.
(2) An applicant for an assumed business name may not use a business name identifier that incorrectly states the type of entity that it is or incorrectly implies that it is a type of entity other than the type of entity that it is.
(3) A person doing business in this state may contest the registration of an assumed business name by following the procedures set forth in 35-14-401.
(4) The secretary of state may adopt rules to implement the provisions of this chapter that assign duties to the secretary of state.
History: En Sec. 2, Ch. 260, L. 1979; amd. Sec. 134, Ch. 575, L. 1981; amd. Sec. 1, Ch. 455, L. 1983; amd. Sec. 80, Ch. 120, L. 1993; amd. Sec. 2, Ch. 449, L. 1995; amd. Sec. 2, Ch. 27, L. 2001; amd. Sec. 1, Ch. 110, L. 2011; (4)En. Sec. 1, Ch. 166, L. 2015; amd. Sec. 226, Ch. 271, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-203. Application for registration of assumed business name

30-13-203. Application for registration of assumed business name.
A person transacting business in this state under an assumed business name shall register with the secretary of state, on forms furnished by the secretary of state, an application for registration of the assumed business name, including but not limited to the following information:
(1) the name and business mailing address of the applicant;
(2) the complete proposed assumed business name; and
(3) a description of business transacted under the proposed assumed name.
History: En Sec. 3, Ch. 260, L. 1979; amd. Sec. 2, Ch. 174, L. 1983; amd. Sec. 5, Ch. 366, L. 1997; amd. Sec. 1, Ch. 229, L. 1999; amd. Sec. 1, Ch. 26, L. 2011; amd. Sec. 2, Ch. 166, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-204. Filing application for registration -- issuance of certificate

30-13-204. Filing application for registration -- issuance of certificate.
(1) The applicant shall complete and submit an application for registration of an assumed business name along with all applicable fees to the secretary of state. If the secretary of state finds that the application complies with the provisions of this part, the secretary of state shall:
(a) endorse on the application the word "filed" and the date on which the application was filed;
(b) file the application in the secretary of state's office; and
(c) issue a certificate of registration to the applicant.
(2) The registration of an assumed business name remains in effect for 5 years unless canceled earlier.
History: En Sec. 4, Ch. 260, L. 1979; amd. Sec. 1, Ch. 131, L. 1983; amd. Sec. 1, Ch. 71, L. 2005; amd. Sec. 1, Ch. 23, L. 2017.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-205. When registration of assumed business name by foreign corporation or foreign limited partnership prohibited

30-13-205. When registration of assumed business name by foreign corporation or foreign limited partnership prohibited.
No foreign corporation or foreign limited partnership which does not have an effective certificate of authority or certificate of registration to transact business in this state may register an assumed business name as provided for in this part.
History: En Sec. 5, Ch. 260, L. 1979; amd. Sec. 2, Ch. 455, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-206. Term and renewal of assumed business name registration

30-13-206. Term and renewal of assumed business name registration.
(1) Registration of an assumed business name is effective for a term of 5 years from the date of registration. Upon application for renewal of registration on forms furnished by the secretary of state, the registration may be renewed for another 5-year term.
(2) Not less than 90 days before the expiration date of registration of an assumed business name, the secretary of state shall notify the applicant of record of the pending expiration by addressing a notice to the last-known address of the applicant.
(3) If the applicant or person in whose name an assumed business name is registered fails to file an application for renewal with the secretary of state within a 90-day period prior to the expiration date of the registration, the secretary of state shall cancel the registration.
History: En Sec. 6, Ch. 260, L. 1979; amd. Sec. 3, Ch. 449, L. 1995; amd. Sec. 6, Ch. 366, L. 1997; amd. Sec. 3, Ch. 75, L. 2003; amd. Sec. 2, Ch. 26, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-207. Application for renewal of assumed business name

30-13-207. Application for renewal of assumed business name.
An application for renewal of registration of an assumed business name must be executed and delivered to the secretary of state. The application must include but is not limited to the following information:
(1) the complete assumed business name;
(2) the name and business mailing address of the applicant; and
(3) a description of business transacted.
History: En Sec. 7, Ch. 260, L. 1979; amd. Sec. 2, Ch. 131, L. 1983; amd. Sec. 3, Ch. 174, L. 1983; amd. Sec. 2, Ch. 229, L. 1999; amd. Sec. 4, Ch. 75, L. 2003; amd. Sec. 3, Ch. 26, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-208. Filing of application for renewal of registration of assumed business name -- issuance of certificate

30-13-208. Filing of application for renewal of registration of assumed business name -- issuance of certificate.
If the secretary of state finds that the application complies with the provisions of this part and that all fees have been paid, the secretary of state shall:
(1) endorse on the application the word "filed" and the date on which the application was filed;
(2) file the application in the secretary of state's office; and
(3) issue a certificate of renewal to the applicant.
History: En Sec. 8, Ch. 260, L. 1979; amd. Sec. 3, Ch. 131, L. 1983; amd. Sec. 2, Ch. 71, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-209. Amendment

30-13-209. Amendment.
An amendment to registration of an assumed business name must be filed with the secretary of state within 1 year after any one of the following events occurs:
(1) there is a change in the name or identity of the person or persons transacting or having interest in the business for which the name is registered;
(2) there is a change in the description of the business transacted;
(3) a person having an interest in the business with a registered assumed business name withdraws from the business or dies; or
(4) the registrant wishes to change the name of a registered assumed business name.
History: En Sec. 9, Ch. 260, L. 1979; amd. Sec. 4, Ch. 449, L. 1995; amd. Sec. 3, Ch. 229, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-210. Filing amendment to registration of assumed business name -- issuance of certificate

30-13-210. Filing amendment to registration of assumed business name -- issuance of certificate.
(1) An application for amended registration of an assumed business name must be filed with the secretary of state and must include:
(a) the complete assumed business name prior to adoption of the amendment;
(b) the complete new assumed business name, if applicable;
(c) the name and address of the registrant, including street name and number of the registrant's business office;
(d) if the name of any person having an interest in the business with a registered assumed business name is to be changed, the new name of the person having an interest in the business with the registered assumed business name;
(e) if a person who has had an interest in a business with a registered assumed name withdraws or dies, a statement that the person has withdrawn or died;
(f) a statement that the amended registration of assumed business name supersedes the original registration and all amendments to the original registration; and
(g) all other information determined by the secretary of state to be necessary.
(2) If the secretary of state finds that the application for amended registration of the assumed business name complies with this part and that all applicable fees have been paid, the secretary of state shall:
(a) endorse on the application for amendment the word "filed" and the date on which the application for amendment was filed;
(b) file the original application for amendment in the secretary of state's office; and
(c) issue a certificate of amendment to the registrant.
(3) If the registrant of an assumed business name fails to comply with the requirements of this section, the secretary of state shall cancel the registration.
History: En Sec. 10, Ch. 260, L. 1979; amd. Sec. 4, Ch. 131, L. 1983; amd. Sec. 7, Ch. 366, L. 1997; amd. Sec. 4, Ch. 229, L. 1999; amd. Sec. 3, Ch. 71, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-211. Reservation of proposed assumed business name

30-13-211. Reservation of proposed assumed business name.
Any authorized person who has not commenced business but intends to commence business may reserve an assumed business name that is not in conflict with the provisions of 30-13-202 for a term of 120 days by delivering to the secretary of state, on forms furnished by the secretary of state, an application for reservation of an assumed business name, including but not limited to the following information:
(1) the complete assumed business name to be reserved;
(2) the name and address, including street name and number, if any, of the applicant;
(3) the date the applicant intends to commence business; and
(4) a description of business the applicant intends to transact.
History: En Sec. 11, Ch. 260, L. 1979; amd. Sec. 5, Ch. 229, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-212. Filing application for reservation of assumed business name -- issuance of certificate

30-13-212. Filing application for reservation of assumed business name -- issuance of certificate.
The applicant shall complete and submit an application for reservation of an assumed business name and all applicable fees to the secretary of state. If the secretary of state finds the application complies with the provisions of this part, the secretary of state shall:
(1) endorse on the application the word "filed" and the date on which the application was filed;
(2) file the application in the secretary of state's office; and
(3) issue a certificate of reservation to the applicant.
History: En Sec. 12, Ch. 260, L. 1979; amd. Sec. 5, Ch. 131, L. 1983; amd. Sec. 4, Ch. 174, L. 1983; amd. Sec. 4, Ch. 71, L. 2005.