Title XXVI, TRADE AND COMMERCE

416.505. Operation without license enjoined — "stop-sale" orders, issuance — appeal. — In any case where a person acts as a distributor or operates a milk processing plant within this state or such a plant located outside this state and is making sales within this state without h…

416.510. Nonresident subject to Missouri judicial process, when. — The performance of any act subject to the provisions of sections 416.410 to 416.560 by a person who is a nonresident of this state shall be deemed: (1) An agreement by him that he, his executor, administrator, suc…

416.515. Process, form. — All process in suits brought under the provisions of sections 416.410 to 416.560 shall be in form and substance the same as now provided for in suits against residents of this state. ­­-------- (L. 1959 H.B. 255 § 22)

416.520. Service of process, how made. — 1. Service of process in suits brought under the provisions of sections 416.410 to 416.560 shall be made by delivering a copy of the summons, with a copy of the petition attached, together with a remittance of two dollars, to the secretary…

416.525. Notice of service of process, form. — The notification provided for in section 416.520 shall be substantially in the following form, to wit: ­ ­ ­­-------- (L. 1959 H.B. 255 § 24)

416.530. Personal service authorized, how served. — In lieu of mailing the notification to the defendant in a foreign state, plaintiff may cause said notification to be personally served in the foreign state on the defendant by an adult person not a party to the suit by deliverin…

416.535. Proof of service by mailing. — Proof of the mailing or personal delivery of said notification to the nonresident by an adult person not an officer serving same shall be made by affidavit of the party doing said acts. All affidavits of service shall be endorsed upon or at…

416.540. Provisions for service on nonresidents in addition to other methods. — The foregoing provisions relative to service of process in suits against nonresidents shall not be deemed to prevent actual personal service in this state upon a nonresident in the time, manner, form,…

416.545. Venue of actions. — Except as otherwise provided under sections 416.450 and 416.455, any suit brought under the provisions of sections 416.410 to 416.560 shall be filed in the county in which the cause of action accrues or in the county where the plaintiff resides, and i…

416.550. Continuance of action as to nonresident. — The court in which the action is pending shall grant such continuance to a nonresident defendant as may be proper to afford him reasonable opportunity to defend the action. ­­-------- (L. 1959 H.B. 255 § 29)

416.555. Secretary of state to keep record of process. — It shall be the duty of the secretary of state to keep a record of all process served upon him, or his chief clerk, under the provisions of sections 416.410 to 416.560, which record will show the day and hour of service of …

416.560. Secretary of state's fee as costs. — The fee of two dollars paid by plaintiff to the secretary of state under section 416.520 at the time of service of the process shall be taxed as part of plaintiff's costs if he prevails in the action or proceeding. ­­-------- (L. 1959…

416.600. Citation of law. — Sections 416.600 to 416.640 may be known and shall be cited as the "Missouri Motor Fuel Marketing Act". ­­-------- (L. 1993 S.B. 374)

416.605. Definitions. — As used in sections 416.600 to 416.640, the following words and phrases mean: (1) "Affiliate", any person who, other than by means of franchise, is controlled by, or is under common control with, any other person, whether through stock ownership or otherwi…

416.610. Transfer prices, public disclosure required. — Each person engaged in commerce in motor fuel in this state is required to establish and publicly disclose upon request its transfer price on all grades of motor fuel transferred or sold to itself or an affiliate for resale …

416.615. Sale below cost or at lower price, prohibited when. — 1. It is unlawful for any person engaged in commerce within this state to sell or offer to sell motor fuel below cost as defined in subdivision (2) of section 416.605, if: (1) The intent of the sale or offer is to inj…

416.620. Allowable practices. — 1. It is not a violation of section 416.615 if a difference exists at the same level of distribution between the transfer price or sale price of motor fuel of like grade and quality and the price charged to a person who purchases for resale, includ…

416.625. Civil penalty, amount — attorney general, duties — funds paid to general revenue fund. — 1. Any person who violates any of the provisions of section 416.615 shall forfeit and pay to the state a civil penalty of a minimum of one thousand dollars and up to five thousand do…

416.630. Courts, jurisdiction — civil actions, duties of attorney general and prosecuting attorneys — consent judgments allowed, when — final judgment, effect. — 1. The several circuit courts of this state are invested with jurisdiction to prevent and restrain violations of secti…

416.635. Civil action by injured party authorized. — Any person who is injured in his business or property in a relevant geographic market by reason of anything forbidden or declared unlawful by sections 416.600 to 416.640 may sue therefor in any circuit court of this state in wh…

416.650. Definitions — For purposes of sections 416.650 to 416.658, the following terms shall mean: (1) "Demand letter", a letter, email, or other communication asserting or claiming that a target has engaged in patent infringement, but shall not include a petition filed in a cou…

416.652. Demand letters, no bad faith assertions of patent infringement — factors court may consider. — 1. No person shall make a bad faith assertion of patent infringement in a demand letter. 2. A court may consider the following factors as evidence that a person has made a bad …

416.654. Cause of action available to targets of bad faith assertions. — If one or more persons or entities believe they have been a target of a bad faith assertion of patent infringement in a demand letter, those persons or entities shall have a private right to a cause of actio…

416.656. Attorney general's authority — awards credited to antitrust revolving fund, when. — 1. The attorney general's authority under this chapter to investigate, restrain, and prosecute civil actions under the Missouri antitrust law shall apply to investigating and prosecuting …

416.658. Other remedies not limited — inapplicability of act, when. — 1. Sections 416.650 to 416.658 shall not be construed to limit the rights or remedies available to any person or the state under any other law with regard to conduct involving assertions of patent infringement …

417.005. Definitions. — As used in sections 417.005 to 417.066, unless the text clearly indicates otherwise, the following terms mean: (1) "Applicant", the person filing an application for registration of a trademark under sections 417.005 to 417.066, his legal representatives, s…

417.011. Prohibited marks. — A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive or scandalous matter; or (2) Consists of o…

417.016. Registration of trademark — application, contents — information required by secretary of state — fee, how payable — refusal to register mark, procedure. — 1. Subject to the limitations set forth in sections 417.005 to 417.066, any person who adopts and uses a mark in thi…

417.018. Additional fee — expiration date. — The secretary of state may collect an additional fee of five dollars on each and every fee required in this chapter. All fees collected as provided in this section shall be deposited in the state treasury and credited to the secretary …

417.021. Certificate of registration, how issued — admissible as evidence — duplicate of certificate, application, fee — abstract of mark, fee. — 1. Upon compliance by the applicant with the requirements of sections 417.005 to 417.066, the secretary of state shall cause a certifi…

417.026. Term of registration — notice of expiration, when required. — 1. Registration of a mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be …

417.031. Assignment of mark, procedure. — 1. Any mark and its registration hereunder shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment…

417.036. Registry of marks open to public. — The secretary of state shall keep for public examination a record of all marks registered or renewed under sections 417.005 to 417.066. ­­-------- (L. 1973 H.B. 281 § 7)

417.041. Cancellation of marks, when. — The secretary of state shall cancel from the register: (1) After September 28, 1974, all registrations under prior acts which are more than ten years old and not renewed in accordance with sections 417.005 to 417.066; (2) Any registration c…

417.046. Classes of goods and services — single application for mark to cover only one class. — 1. The general classes of goods and services as provided in this section are established for convenience of administration of sections 417.005 to 417.066, but not to limit or extend th…

417.051. Fraudulent filing or registration — civil damages to injured party. — Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly maki…

417.056. Prohibited acts — civil action for damages, when. — Subject to the provisions of section 417.066, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under sections 417.005…

417.061. Injunctive relief, when — order for payment to owner of mark — destruction of counterfeit marks. — 1. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under sections 417.005 to 417.066, or a mark valid at common l…

417.066. Common law marks not affected — actions to require cancellation of a mark or to compel registration, venue, parties. — 1. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. 2. Actions t…

417.100. Facsimile of brands to be recorded. — 1. No person shall manufacture any flour, grits, hominy or meal until he shall have filed with the recorder of deeds of the county in which his business is conducted, and acknowledged the same as deeds to lands are required to be ack…

417.130. Recorder's certificate, evidence. — It shall be the duty of each recorder of deeds within the state to keep a book in his office, in which to record the flour brands provided for in section 417.100, and a certified copy of any such record, by the recorder, shall be evide…

417.140. Penalty. — Any person doing any of the acts in sections 417.100 and 417.130 prohibited, or omitting to do any of the acts thereby commanded, shall be guilty of a misdemeanor, and for each and every offense shall be punished by a fine of not less than twenty nor more than…

417.150. Misuse of names of certain societies prohibited. — 1. No person, society, association or corporation shall assume, adopt or use the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized under the la…

417.160. Use of emblems regulated. — No person shall wear or exhibit the recognized or established badge, button, emblem, decoration, insignia or charm, or any emblem, insignia or charm representing a component part of the recognized or established badge, button, emblem, decorati…

417.170. Adoption of name and emblem — registration form, fee. — 1. Every person, society, association or corporation, assuming, adopting or using the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized un…

417.175. Registration of emblem effective for five years, renewal procedure, fee. — 1. Registration of an emblem hereunder shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term,…