Title 44 — Trade and Commerce

In this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity.

A contract, combination or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce, any part of which is within this state, is unlawful.

The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any person for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.

A. Labor of a human being is not a commodity or an article of commerce. B. This article shall not be construed to forbid the existence and operation of any labor, agricultural or horticultural organization instituted for the purpose of mutual help, while lawfully carrying out its…

An action for violation of this article shall be brought in the superior court.

A. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody or control of any document or other tangible object relevant to an investigation for a violation of this article, the attorney general may serve upon the person, …

The attorney general or a county attorney with the permission or at the request of the attorney general may bring an action for appropriate injunctive or other equitable relief and civil penalties and as determined by the court, taxable costs, such other fees and expenses reasona…

A. The state, a political subdivision or any public agency threatened with injury or injured in its business or property by a violation of this article may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, tax…

A final judgment or decree determining that a person has violated this article in an action brought by the state under section 44-1407 or 44-1408, subsection A, other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence against su…

A. An action under section 44-1407 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues. B. An action under section 44-1408 to recover damages is barred if it is not commenced within four years after the cause of action a…

The remedies provided for in this article are cumulative.

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states that enact it. It is the intent of the legislature that in construing this article, the courts may use as a guide i…

This article may be cited as the uniform state antitrust act.

A. In any proceeding or investigation under this article, if a person refuses to answer a question or produce evidence of any kind on the ground that he may be incriminated and if the attorney general or county attorney requests the court in writing to order the person to answer …

A. A person filing a complaint, counterclaim or answer for any violation of the provisions of this article shall simultaneously with the filing of the pleading in the superior court or, in the case of pendent state law claims in the federal court, serve a copy of the complaint, c…

A. A contract, combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves: 1. A contract between a governmental agency and a person for the purchase of equipment, services, labor, goods, materials and commodities of any kind. 2. A subcontract with…

In this article, unless the context otherwise requires: 1. "Assertion of patent infringement" means any of the following: (a) Sending or delivering a demand to a target. (b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infri…

A. A person may not make an assertion of patent infringement in bad faith. A court may consider the following nonexclusive factors as evidence that a person has made an assertion of patent infringement in bad faith: 1. The demand does not contain all of the following: (a) The pat…

An act or practice in violation of this article is an unlawful practice under section 44-1522 and subject to enforcement through private action and prosecution by the attorney general. The attorney general may investigate and take appropriate action as prescribed by article 7 of …

A civil action that includes a demand or assertion of patent infringement that arises under 35 United States Code section 271(e)(2) or 42 United States Code section 262 is not subject to this article.

A. In this article, unless the context otherwise requires: 1. "Applicant" means the person filing an application for registration of a mark under this article or the person's legal representatives, successors or assigns. 2. "Dilution" means the lessening of the capacity of a famo…

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. 2. Consists of or comprises matter which may dispa…

A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a trademark or service mark, or any person who adopts and uses a trademark or service mark in this state, may file in the office of the secretary of state, o…

B. Any document that is filed in accordance with this section is deemed to comply with: 1. The filing requirements of this article. 2. The requirement that a filing be verified or be submitted with a written signature. 3. Any requirement that the filing be filed under the penalty…

A. Upon compliance by the applicant with the requirements of this article, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate shall be issued under the signature of the secretary of state and the seal of t…

A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registr…

Any mark and its registration under the provisions of this article 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 shall be by instru…

The secretary of state shall keep for public examination a record of all marks registered or renewed under this article.

The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state receives a voluntary request for cancellation thereof from the registrant or the assignee of record. 2. All registrations granted under this article and not reregist…

A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and on terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become fam…

A single application for registration of a mark may include all goods and services on which the mark is actually being used in one or multiple classes. The following general classes of goods and services are established for convenience of administration of this article, but not t…

Any person who for himself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this article by knowingly making any false or fraudulent representation or declaration, verbally or in wri…

A. Subject to section 44-1452, the owner of a mark registered under this article may proceed by civil action against any person who, without the consent of the registrant: 1. Uses in this state the registered mark or a mark similar to the registered mark on or in connection with …

Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

A. Except as provided in subsections B, C and D of this section, a person who knowingly and with intent to sell or distribute uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a…

A person who knowingly uses, other than for personal, noncommercial use, an unauthorized copy of computer software that when used depicts, incorporates or displays or causes to be depicted, incorporated or displayed a mark that has been registered under this article for computer …

A person who has or uses a cask, bottle, vessel, case, cover, label or other thing bearing or having in any way connected with it the duly filed trademark or name of another, for the purpose of disposing of, with intent to deceive or defraud, any article other than the article wh…

A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state or any foreign corporation licensed to exercise its corporate powers in this state, may register with the secretary of state, on a form to be f…

A. Upon compliance by the applicant with the requirements of this article the secretary of state shall issue a certificate of registration. The certificate shall show the name and business address of the applicant, the name, title or designation registered, the date of first use …

A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the r…

Any name, title or designation and its registration may be assignable by an instrument in writing duly executed and may be recorded with the secretary of state who upon recording the assignment shall issue in the name of the assignee a new certificate for the remainder of the ter…

The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article.

A. The registration of a trade name if prior in time to the filing of articles of incorporation or the reservation of a corporate name shall give to the holder of the registered trade name exclusive right to the use of such name. B. Nothing in this article shall adversely affect …

A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state. B. Any document that is filed in accordance with this section is deemed to comply with: 1. The filing requirements of this articl…

A. The secretary of state shall cancel a trade name registration if: 1. The secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record. 2. The registration is not renewed in accordance with this article. 3. A court of competent …

A. A person is guilty of a class 3 misdemeanor who: 1. Knowingly and with the intent to sell to the public real or personal property or services, or to induce the public to acquire an interest therein, makes and publishes an advertisement, either printed or by public outcry or pr…

A. Each unsolicited commercial fax advertisement shall include the name, address, fax number and toll free or local contact telephone number of the vendor that sends the fax. B. Any person who receives an unsolicited commercial fax advertisement may contact the vendor that sent t…

(Eff. 1/1/27) A. A child-directed application shall take appropriate measures to prevent the display of inappropriate and mature advertisements on the child-directed application. In determining whether an application is a child-directed application, all of the following shall be …

In this article, unless the context otherwise requires: 1. "Operator" includes a manager or any person in charge of the operation of motels, motor hotels, motor courts, motor camps, hotels, and like establishments. "Operator" or "owner" includes natural persons, firms, and corpor…

This article shall apply to operators and owners of motels, motor hotels, motor courts, motor camps, hotels and like establishments.