Title 36, Trade Practices.

Whoever shall by himself or his agent willfully deface, erase, alter, obliterate, cover up, or otherwise remove or conceal any registered name, mark, or device registered by another and being on any milk bottle, can, crate, or other container, or shall willfully break, destroy, o…

In any prosecution under this subchapter, the refusal of any person having possession of any registered milk bottle, can, crate, or other container to surrender possession of the same to the registrant of the name, mark, or device appearing thereon, after notice and demand by sai…

Whenever any person who has registered milk bottles, cans, crates, or other containers in accordance with the provisions of this subchapter shall by himself or his agent make oath before the Clerk of the Superior Court of the District of Columbia that he has reason to believe, an…

No title may be acquired to any mark, name, or device, or any milk bottle, can, crate, or other container registered in accordance with this subchapter except by the consent in writing of the person who registered the same.

All persons who prior to July 3, 1926, registered any milk bottles, cans, crates, or other containers in accordance with the laws existing at the time of said registration shall be exempted from filing a new description in accordance with the terms of this subchapter and shall be…

Whenever the word “person” is used in this subchapter, it shall apply equally as well to 1 or more persons, copartnerships, and corporations.

The provisions of this subchapter shall apply to all bottles, cans, crates, and other containers in which milk or cream of any grade, quality, or character is sold or offered for sale and shall include bottles, cans, crates, and other containers in which skimmed milk, buttermilk,…

The violation of any of the provisions of this subchapter shall be a misdemeanor, and prosecutions for violations of this subchapter shall be in the Superior Court of the District of Columbia. Upon conviction of a violation of the provisions of this subchapter the penalty shall b…

Whenever any person who has registered milk bottles, cans, crates, or other containers as herein provided shall have, upon complaint under oath, prosecuted any other person for violation of the provisions of this subchapter in the use, handling, holding, filling, selling, offerin…

The following words shall, in addition to their ordinary meaning, have the meaning herein given: (1) The word “person” or “persons,” in §§ 36-152 to 36-155 and 36-157 shall include firms or corporations. (2) The word “vessel” or “vessels,” in §§ 35-152 to 35-155 shall include can…

Persons engaged in producing, manufacturing, bottling, or selling any lawful beverages composed principally of milk, in vessels with their name, trademark, or other distinctive mark, and the word “registered” branded, engraved, blown, or otherwise produced thereon, or on which a …

Whoever, except the person who shall have filed and published a description of the same as aforesaid, fills with milk or cream, or other beverage, as aforesaid, with intent to sell the same, any vessel so marked and distinguished as aforesaid, the description of which shall have …

The use or possession by any person not engaged in the production or sale of beverage as aforesaid, except the person who shall so have filed and published a description of the same as aforesaid, of any vessel marked or distinguished as aforesaid, the description of which shall h…

Upon complaint of any person who has complied with § 36-152, or of his agent, to the Superior Court of the District of Columbia, or 1 of the judges thereof, that any person within the District of Columbia is guilty of the violation of any provision of this subchapter, the said Co…

The Recorder of Deeds of the District of Columbia is authorized to make regulations and prescribe forms for the filing of labels, trademarks, or other distinctive marks under the provisions of this subchapter.

Nothing in this subchapter shall prevent or restrain any person who is the legal owner of a trademark or label from proceeding in an action of tort against any person found guilty of violating this subchapter.

A union or association of employees in the District of Columbia may adopt a device in the form of a label, brand, mark, name, or other character for the purpose of designating the products of the labor of the members thereof. A drawing of such device may be filed in the Office of…

No person shall in any way use or display the label, brand, mark, name, or other character adopted by any such union or association as provided in § 36-201 without the consent or authority of such union or association; or counterfeit or imitate any such label, brand, mark, name, …

A person violating any of the provisions of § 36-202 shall be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or by imprisonment for not less than 3 months nor more than 1 year, or by both such fine and imprisonment.

For the purpose of this chapter, the following words, terms, phrases, and their derivations shall have the meanings respectively ascribed to them in this section unless the context clearly indicates otherwise: (1) “Automotive product” means any product or item of merchandise, inc…

(a) The operator of a retail service station shall install video surveillance equipment to monitor all pumps at the retail service station within 6 months after October 22, 2009. The Metropolitan Police Department shall review the surveillance video in the event of a crime commit…

Within 90 days after October 22, 2009, the Metropolitan Police Department shall produce a public service announcement video which will be available for broadcast on the cable television channels allocated to the District government and made accessible at the Metropolitan Police D…

(a) Notwithstanding anything contained in § 47-2814, all refiners, producers, manufacturers, marketers, wholesalers, distributors, suppliers, jobbers, resellers, retailers, retail dealers, or sellers of motor fuels, including any operator of a retail service station, shall, befor…

(a) After April 19, 1977, no producer, refiner, or manufacturer of motor fuels as the terms are defined in § 36-301(6A), (9), and (12), shall open a retail service station in the District of Columbia, irrespective of whether or not the retail service station will be operated unde…

(a) Every wholesaler shall extend all voluntary allowances, including, but not limited to, any temporary or permanent price reduction, price allowance, price adjustment, special sale, deal, discount, inducement, incentive, rent rebate, rent abatement, rent relief, premium or othe…

(a) Upon finding that enforcement of § 36-302.02 would impose an exceptional or undue hardship upon any refiner, producer, or manufacturer as a result of the existence of special or unusual circumstances, the Mayor may grant permission to such producer, refiner, or manufacturer t…

(a) Whenever the Mayor has reason to believe that any person has violated or is violating any provision of subchapter II or IV of this chapter or the rules and regulations promulgated pursuant thereto, he shall cause written notice to be served upon such person in the manner prov…

(a) All marketing agreements shall be in writing and shall be subject to the nonwaiverable conditions set forth in this section, whether or not such conditions are expressly set forth in such marketing agreements. For the purposes of this section, the term “marketing agreement” s…

Prior to entering into any marketing agreement with any prospective retail dealer, a distributor shall disclose the information set forth in this section to such prospective retail dealer in writing. Prior to transferring any marketing agreement or interest therein to any prospec…

(a)(1) A retail dealer shall have the right to terminate or repudiate any marketing agreement to which he is a party for any reason, without the imposition of any damages or penalties and without any recourse by the distributor for such termination or repudiation, within 7 days, …

(a) The remedies provided for in this section are in addition to any and all other remedies available to the retail dealer under this subchapter, the marketing agreement, any other statute or act, or law or equity. (b) In the event of any termination of, cancellation of, or failu…

(a) No distributor shall unreasonably withhold his approval of any sale, assignment, or other transfer, including any transfer of the retail dealer’s right, privilege, or authority to occupy a retail service station pursuant to a marketing agreement, of a marketing agreement or a…

(a)(1) In addition to any and all other remedies available to the retail dealer under this subchapter, the marketing agreement, any other statute or act, or law or equity, a retail dealer may maintain a civil action against a distributor for: (A) Failure to make such disclosures …

(a) This subchapter shall only apply to that portion of a marketing agreement which concerns the operation of a retail service station which is located within the District of Columbia and only to the extent of the business conducted by a retail dealer within the District of Colum…

(a) For the purposes of this section, the term “full service retail service station” means any retail service station location which provides a garage, service bay, work area, or similar enclosed area for repairing, maintaining, servicing, or otherwise working on motor vehicles, …

This chapter shall constitute a statement of the public policy of the District of Columbia. The provisions of this chapter shall be liberally construed in order to effectively carry out the purposes of this chapter in the interests of the public health, safety, and welfare.

If any provision or part thereof of this chapter or the application thereof to any person or circumstance is declared unconstitutional or invalid, such invalidity, unconstitutionality, or inapplicability shall not affect any other provisions or applications of this chapter which …

For the purposes of this chapter, the term: (1) “Improper means” means theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) “Misappropriation” means: (A) Acquisition of a trade secre…

(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for a reasonable period of time to eliminate commercial advantage that otherw…

(a) A complainant is entitled to recover damages for misappropriation, unless a material and prejudicial change of position prior to acquiring knowledge or reason to know of the misappropriation renders a monetary recovery inequitable. Damages may include both the actual loss cau…

The court may award reasonable attorney’s fees to the prevailing party if: (1) A claim of misappropriation is made in bad faith; (2) A motion to terminate an injunction is made or resisted in bad faith; or (3) Willful and malicious misappropriation exists.

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, or sealing the records of the action and ordering…

An action for misappropriation must be brought within 3 years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

(a) Except as provided in subsection (b) of this section, this chapter supersedes conflicting tort, restitution and other law of the District of Columbia providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect: (1) Contractual remedies, w…

This chapter shall be applied and construed to make uniform the law with respect to trade secrets among the District of Columbia and those states enacting it.

This chapter does not apply to misappropriation occurring prior to March 16, 1989. With respect to a continuing misappropriation that began prior to March 16, 1989, the chapter does not apply to the continuing misappropriation that occurs after March 16, 1989.