Title 4, Business and Commercial Law

(1) The Secretary of State shall cancel from the register, in whole or in part:(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;(2) All registrations granted under this su…

(a) The Secretary of State shall by rule establish a classification of goods and services for convenience of administration of this subchapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any o…

Any person who shall for himself or herself, 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 of this subchapter by knowingly making any false or fraudulent representation or declaration …

(1) Subject to the provisions of § 4-71-216, any person who shall commit the following acts shall be liable in a civil action by the registrant for any and all of the remedies provided in § 4-71-214, except that under this section the registrant shall not be entitled to recover p…

(a) (1) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark h…

(a) (1) (A) Any owner of a mark registered under this subchapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of that mark and any court of competent jurisdiction may grant injunctions to restrain any manufacture, use, dis…

(a) (1) Actions to require cancellation of a mark registered pursuant to this subchapter or in mandamus to compel registration of a mark pursuant to this subchapter shall be brought in the circuit court.(2) (A) In an action in mandamus, the proceeding shall be based solely upon t…

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

(a) The Secretary of State shall by rule prescribe the fees payable for the various applications and recording fees and for related services. (b) Unless specified by the Secretary of State, the fees payable in this subchapter are not refundable.

(a) (1) This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997.(2) (A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997.(B) Provided, that as to any application, suit, proc…

This subchapter shall be known and may be cited as the “Arkansas Franchise Practices Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) (A) “Franchise” means a written or oral agreement for a definite or indefinite period in which a person grants to another person a license to use a trade name, trademark, service mark, or related characteri…

(a) (1) This subchapter applies only to a franchise entered into, renewed, or transferred after March 4, 1977, the performance of which contemplates or requires the franchise to establish or maintain a place of business within the State of Arkansas.(2) To the fullest extent permi…

(a) It shall be a violation of this subchapter for a franchisor to:(1) Terminate or cancel a franchise without good cause; or(2) Fail to renew a franchise except for good cause or except in accordance with the current policies, practices, and standards established by the franchis…

(a) Except as provided in subsection (d) of this section, it is a violation of this subchapter for a franchisee or a franchise owner to transfer, assign, or sell a franchise or interest therein to another person unless the franchisee or the franchise owner first notifies the fran…

(a) It is a violation of this subchapter for a franchisor, through an officer, agent, or employee to engage directly or indirectly in any of the following practices:(1) To require a franchisee at the time of entering into a franchise arrangement to assent to a release, assignment…

(a) It shall be unlawful for any person, directly or indirectly, in connection with the offer, sale, purchase, transfer, or assignment of any franchise in this state to knowingly:(1) Employ any device, scheme, or artifice to defraud;(2) Make any untrue statement of a material fac…

(a) Any franchisee who is harmed by a violation or violations of § 4-72-207 shall be entitled to recover treble damages in a civil action and, where appropriate, obtain injunctive relief in addition to reasonable attorney's fees and costs of litigation. (b) Any franchisee who is …

Upon termination of any franchise by a franchisor without good cause, the franchisor shall, at the franchisee's option, repurchase at franchisee's net cost, less a reasonable allowance for depreciation or obsolescence, the franchisee's inventory, supplies, equipment, and furnishi…

No liability on the part of, and no cause of action of any nature other than as provided by this subchapter, shall arise against any franchisor, its officers, agents, or employees furnishing information as to reasons for termination, cancellation, intent not to renew, failure to …

Any provision of a franchise agreement that restricts venue to a forum outside the State of Arkansas is void with respect to any claims arising under or relating to a franchise agreement involving a franchise operating or conducting business in this state.

(a) A transaction under this subchapter shall be consistent with the governing principles and the obligation of good faith and fair dealing. (b) A franchisor may terminate a franchise agreement only for material cause as determined under objective standards. (c) (1) A survivor of…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Current model” means a model listed in the wholesaler's, manufacturer's, or distributor's current sales manual or any supplements thereto;(2) “Current net price” means the price listed in the wholesaler's,…

(a) The provisions of this subchapter shall apply to all contracts which have no expiration date and are continuing contracts and all other contracts entered into or renewed after July 1, 1979. (b) Any contract in force and effect on June 1, 1977, which by its own terms will term…

The provisions of this subchapter shall not be construed to affect in any way any security interest which the wholesaler, manufacturer, or distributor may have in the inventory of the retailer, and any repurchase under the provisions of this subchapter shall not be subject to the…

(a) The wholesaler, manufacturer, or distributor shall repurchase that inventory previously purchased from him or her and held by the retailer on the date of termination of the contract. (b) The wholesaler, manufacturer, or distributor shall pay one hundred percent (100%) of the …

Whenever any retailer enters into a franchise agreement, evidenced by a written contract with a wholesaler, manufacturer, or distributor wherein the retailer agrees to maintain an inventory, and the contract is terminated, then the wholesaler, manufacturer, or distributor shall r…

(a) In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the wholesaler, manufacturer, or distributor shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority …

(1) The provisions of this subchapter shall not require the repurchase from a retailer of:(1) Any repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets, or batteries;(2) Any repair part which is in a broken or damaged…

Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the wholesaler, manufacturer, or distributor.

If any wholesaler, manufacturer, or distributor fails or refuses to repurchase any inventory covered under the provisions of this subchapter within sixty (60) days after shipment of the inventory, he or she shall be civilly liable for one hundred percent (100%) of the current net…

(a) It is a violation of this subchapter for a manufacturer, wholesaler, or distributor to coerce a dealer to accept delivery of parts, accessories, or specialized tools which the dealer has not voluntarily ordered. (b) It is a violation of this subchapter for a manufacturer to:(…

(a) This section applies to a warranty claim submitted by a dealer. (b) (1) Claims filed for payment under warranty agreements shall either be approved or disapproved within thirty (30) days of receipt by a manufacturer, wholesaler, or distributor.(2) All claims for payment shall…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Franchise” means any agreement or contract between a petroleum products supplier and a petroleum products distributor whereby the supplier agrees to furnish or supply petroleum products to the distributor …

(a) A petroleum products supplier shall not cancel, or otherwise terminate, a franchise with a petroleum products distributor, except for such specific reasons as shall be prescribed in the franchise. (b) (1) If a petroleum products supplier proposes to cancel, fail to renew, or …

If any petroleum products supplier shall cancel or otherwise terminate any franchise in violation of the provisions of this subchapter, the petroleum products distributor whose franchise is cancelled, or otherwise terminated, shall have a cause of action against the petroleum pro…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Franchise” means any agreement or contract between a petroleum products supplier or a petroleum products distributor and a petroleum products dealer whereby the supplier or distributor agrees to furnish or…

(a) A petroleum products supplier or a petroleum products distributor shall not cancel, refuse to renew, or otherwise terminate a franchise with a petroleum products dealer except as prescribed in this section. (b) (1) If a petroleum products supplier or a petroleum products dist…

(a) If any petroleum products supplier or distributor cancels, refuses to renew, or otherwise terminates any franchise in violation of the provisions of this subchapter, the petroleum products dealer whose franchise is cancelled, not renewed, or otherwise terminated shall have a …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Franchisee” means a person to whom a restaurant franchise is granted;(2) “Franchisor” means a person who grants or has granted a restaurant franchise; and(3) “Restaurant franchise” means a contract or agre…

(a) A party to a restaurant franchise may commence a civil action or, if the restaurant franchise allows or compels arbitration of disputes, may initiate an arbitration proceeding, including an action or proceeding for violation of this subchapter, in Arkansas if either party to …

(a) This subchapter applies to a restaurant franchise operated in whole or in part in Arkansas and to the parties to the restaurant franchise. (b) This subchapter may not be waived, and its application to a restaurant franchise or a party to a restaurant franchise may not be avoi…

This subchapter may be cited as the “Artists' Consignment Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Art” means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, or other commonly recognized art form;(2) “Art dealer” means a person engaged in the business of sel…

This subchapter shall not apply to any contract or arrangement in existence prior to July 4, 1983, nor to any extensions or renewals thereof; except that the parties to such contract or arrangement may thereafter elect to be governed by the provisions of this subchapter.

A violation by an art dealer of any of the provisions of this subchapter shall render the art dealer liable for damages to the artist in an amount equal to fifty dollars ($50.00) plus the actual damages sustained by the artist, including incidental and consequential damages. In s…