Code Section Group

Business and Professions Code - BPC

DIVISION 6. BUSINESS RIGHTS [14000 - 14704]

  ( Division 6 added by Stats. 1941, Ch. 56. )

CHAPTER 3. Trade Names and Designations [14401 - 14495]

  ( Chapter 3 added by Stats. 1941, Ch. 59. )

ARTICLE 4. Laundry Supply Designations [14480 - 14491]
  ( Article 4 added by Stats. 1941, Ch. 59. )

14480.
  

As used in this article:

(a) “Registrant” means any person who files and publishes a name, mark or device under this article.

(b) “Supplies” means supplies bearing a name, mark or device filed and published under this article.

(Added by Stats. 1941, Ch. 59.)

14481.
  

Any person engaged in the business of supplying clean laundered garments, towels, table linen or other articles, the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register the name, mark or device by filing and publishing it under this article.

(Added by Stats. 1941, Ch. 59.)

14482.
  

In order to register a name, mark or device under this article, the supplier shall do all of the following:

(a) File in the office of the Secretary of State a description of the names, marks, or devices so used.

(b) Cause the description of the name, mark or device to be printed once a week for three successive weeks in a newspaper published in the county in which the principal place of business of the supplier is located.

(Amended by Stats. 2000, Ch. 506, Sec. 2. Effective January 1, 2001.)

14483.
  

The registrant shall pay to the Secretary of State for filing each laundry supply designation described and for issuing a certificate of filing a fee as set forth in subdivision (e) of Section 12193 of the Government Code.

(Amended by Stats. 2000, Ch. 506, Sec. 3. Effective January 1, 2001.)

14484.
  

It is unlawful for any persons except a person named in subdivision (a) to do any of the acts named in subdivision (b):

(a) Persons excepted:

(1) The registrant.

(2) A person who has the written consent of the registrant.

(3) A person who has purchased the supplies from the registrant.

(b) Prohibited acts:

(1) Selling, buying, renting, giving, taking or otherwise trafficking in any supplies bearing a name, mark or device filed and published under this article.

(2) Obliterating or otherwise covering up, concealing or removing a name, mark or device filed and published under this article, from such supplies.

(Added by Stats. 1941, Ch. 59.)

14485.
  

The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the supplies either optional or otherwise, in any proceeding under this article.

(Added by Stats. 1941, Ch. 59.)

14486.
  

The use by any person, other than the registrant of any supplies without the written consent provided in this article or the possession of supplies so marked by any junk dealer or dealer of secondhand articles is presumptive evidence of unlawful use of or traffic in such supplies.

(Added by Stats. 1941, Ch. 59.)

14487.
  

Any person or any member of any firm, corporation or association acquiring supplies by purchase or other lawful means and having the written consent provided for in this article, is not required again to file and publish the description but shall, as to supplies described in the written consent, acquire as part of the purchase all such rights and benefits as the vendor has under this article.

(Added by Stats. 1941, Ch. 59.)

14488.
  

It is the duty of every person who finds or receives in the regular course of business or in any other manner, any supplies to make diligent effort to find the owner and restore or return the supplies.

(Added by Stats. 1941, Ch. 59.)

14489.
  

Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he has reason to believe and does believe that any supplies are being unlawfully used, sold or secreted in any place, the magistrate shall issue a search warrant to discover and obtain the supplies and may also bring before him the person in whose possession the articles are found.

(Added by Stats. 1941, Ch. 59.)

14490.
  

If the magistrate finds that any person brought before him has been guilty of a violation of this article he shall impose the punishment prescribed in this article and also award the possession of the property taken upon the search warrant to the owner.

(Added by Stats. 1941, Ch. 59.)

14491.
  

The violation of any of the provisions of this article is a misdemeanor, except that if the violation consists of unlawfully using, selling, or secreting in any place supplies of a value exceeding nine hundred fifty dollars ($950), the violation is a felony.

(Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 1. Effective January 25, 2010.)

BPCBusiness and Professions Code - BPC4.