Code of the District of Columbia

Subchapter III. Registration of Containers for Beverages Composed Principally of Milk.


§ 36–151. Definitions.

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 cans, bottles, siphons, and boxes.

(3) The word “mark” or “marks” shall include labels, trademarks, and all other methods of distinguishing ownership in vessels, whether printed upon labels or blown into bottles or engraved and impressed upon cans or boxes.


(Mar. 3, 1901, ch. 854, § 878a; Feb. 27, 1907, 34 Stat. 1006, ch. 2086.)

Prior Codifications

1981 Ed., § 48-301.

1973 Ed., § 48-301.


§ 36–152. Filing and publication of vessel description.

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 pasted trademark label is put upon which the word “registered” is also distinctly printed, may file with the Recorder of Deeds of the District of Columbia a description by facsimile, or a sample of an original package so marked or branded or blown, showing plainly such names and marks thereon, together with their name in full, or their corporate name, and also their place of business in the District of Columbia, and if so filed shall cause the same to be published for not less than 2 weeks successively in a daily or weekly newspaper published in the District of Columbia.


(Mar. 3, 1901, ch. 854, § 878b; Feb. 27, 1907, 34 Stat. 1006, ch. 2086; June 25, 1936, 49 Stat. 1921, ch. 804; July 5, 1966, 80 Stat. 263, Pub. L. 89-493, § 6.)

Prior Codifications

1981 Ed., § 48-302.

1973 Ed., § 48-302.

Section References

This section is referenced in § 36-151, § 36-153, and § 36-155.

Cross References

Deceptive imitation of goods, criminal penalty, see § 22-1502.

Labeling of milk containers, see § 37-201.14.

Milk, cream, and ice cream, see § 48-601 et seq.

Registration of milk containers, see § 36-121 et seq.


§ 36–153. Unauthorized use, defacing, or sale of registered vessel.

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 been filed and published as provided in § 36-152, or defaces, erases, covers up, or otherwise removes or conceals any such name or mark as aforesaid, or the word “registered,” thereon, or sells, buys, gives, takes, or otherwise disposes of, or traffics in the same without having purchased the contents thereof from the person whose name is in or upon such vessel, or without the written consent of such person, shall, for the 1st offense, be punished by a fine of not less than $.50 for each such vessel, or by imprisonment for not less than 10 days nor more than 1 year, or by both such fine and imprisonment; and for each subsequent offense by a fine of not less than $1 nor more than $5 for each such vessel, or by imprisonment for not less than 20 days nor more than 1 year, or by both such fine and imprisonment.


(Mar. 3, 1901, ch. 854, § 878c; Feb. 27, 1907, 34 Stat. 1007, ch. 2086.)

Prior Codifications

1981 Ed., § 48-303.

1973 Ed., § 48-303.

Section References

This section is referenced in § 36-154.

Cross References

Deceptive imitation of goods, criminal penalty, see § 22-1502.


§ 36–154. Use or possession of vessel without purchase of contents prima facie evidence of unlawful use.

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 have been filed and published as aforesaid, without purchase of the contents thereof from, or the written consent of, the person who shall so have filed and published the said description, shall be prima facie evidence of the unlawful use, possession of, or traffic in, such vessel, and the person so using or in possession of the same, except the person who shall so have filed and published the said description as aforesaid, shall be punished as provided in § 36-153.


(Mar. 3, 1901, ch. 854, § 878d; Feb. 27, 1907, 34 Stat. 1007, ch. 2086.)

Prior Codifications

1981 Ed., § 48-304.

1973 Ed., § 48-304.


§ 36–155. Proceeding in Superior Court to ascertain violations; search warrant.

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 Court or judge may issue a search warrant to discover and obtain such vessels as aforesaid and their contents, and may also cause to be brought before the said Court or judge the person so believed to be guilty, or his agent or employee, in whose possession or upon whose wagon or premises any such vessel or vessels may be found; and any such person, agent, or employee found guilty of a violation of any of the provisions of this subchapter shall be punished as aforesaid, and the said Court or judge shall also order the property taken upon any such search warrant to be delivered to its owner.


(Mar. 3, 1901, ch. 854, § 878e; Feb. 27, 1907, 34 Stat. 1007, ch. 2086; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)

Prior Codifications

1981 Ed., § 48-305.

1973 Ed., § 48-305.

Cross References

Search warrants, see § 23-521 et seq.


§ 36–156. Recorder of Deeds to make regulations.

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.


(Mar. 3, 1901, ch. 854, § 878f; Feb. 27, 1907, 34 Stat. 1007, ch. 2086; June 25, 1936, 49 Stat. 1921, ch. 804; July 5, 1966, 80 Stat. 263, Pub. L. 89-493, § 6.)

Prior Codifications

1981 Ed., § 48-306.

1973 Ed., § 48-306.


§ 36–157. Actions in tort permissible.

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.


(Mar. 3, 1901, ch. 854, § 878g; Feb. 27, 1907, 34 Stat. 1007, ch. 2086.)

Prior Codifications

1981 Ed., § 48-307.

1973 Ed., § 48-307.