Title 26, Trade Regulation And Practice

[§482B-3] Injunctive relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to a circuit court of the State, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable …

[§482B-4] Damages. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages ca…

[§482B-5] Attorney's fees. The court may award reasonable attorney's fees to the prevailing party if:

[§482B-6] Preservation of secrecy. 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, sealing the re…

[§482B-7] Statute of limitations. An action for misappropriation must be brought within three 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 con…

[§482B-8] Effect on other law. (a) Except as provided in subsection (b) this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect:

[§482B-9] Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and t…

[§482C-1] Unlawful transfer of recorded sounds. It shall be unlawful for any individual, firm, partnership, corporation or association to transfer or cause to be transferred, without the consent of the person who owns the master phonograph record, master disc, master wire, master…

[§482C-2] Sale of unlawfully recorded sounds. It is unlawful to advertise, offer for sale, or sell any article onto which sounds have been transferred as described in section 482C-1 with the knowledge that the sounds have been transferred without the consent of the owner. [L 1975…

[§482C-3] Sale or rental of recording equipment for unlawful use. It is unlawful for any person to offer or make available for a fee, rental, or any other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another t…

[§482C-4] Lawful uses; defined. This chapter shall not apply to any person who transfers or causes to be transferred any sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes, or solely for the personal use of …

[§482C-5] Penalty. Any person who violates this chapter shall be guilty of a misdemeanor. [L 1975, c 81, pt of §1]

§482D-1 Definitions. As used in this chapter: "Article" or "article of merchandise" means any goods, wares, works of art, commodities, or other things which may be lawfully kept or offered for sale, imported into, or exported from the State. "Person" means an individual, partners…

[§482D-10] Injunctive relief and suits. (a) Any competitor, customer, or competitor of a customer of any person in violation of this chapter, or any subsequent purchaser of an article of merchandise which violates this chapter shall be entitled to injunctive relief restraining fu…

[§482D-11] Jurisdiction of civil actions. The circuit courts shall have exclusive original jurisdiction of any civil action arising under the provisions of this chapter. [L 1990, c 343, pt of §2]

[§482D-2] Importation or manufacture of falsely marked gold or silver articles prohibited. It shall be unlawful for any person being a manufacturer or dealer of or in wholesale or retail in gold or silver articles to manufacture, sell, import, or export gold or silver jewelry or …

[§482D-3] Standard of fineness of gold articles; deviation. The actual fineness of gold or alloy shall not be less by more than .003 parts than the fineness indicated by the mark stamped upon any part of the article; provided, however, that:

[§482D-4] Standard of fineness of silver articles; deviation. (a) The actual variation of fineness of silver or alloy of articles made in whole or in part of silver or its alloys shall not be less by more than .004 parts than the actual fineness indicated by any mark (other than …

[§482D-5] Identifying plated articles; words "gold", "karat gold", "solid gold", "ster", "sterling", "sterling silver", or "coin silver" forbidden. No article made in whole or in part of an inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto …

[§482D-6] Quality marks; identifying trademarks. (a) No article of merchandise bearing a quality or fineness mark made in whole or in part of gold or silver or of an alloy of either metal shall be sold, offered for sale, imported into, or exported from the State unless it is stam…

[§482D-7] Violation of fineness standards and stamping requirements. (a) A person commits a criminal offense if the person is a manufacturer or dealer of gold or silver articles of merchandise and the person sells or possesses articles of merchandise which violates section 482D-3…

[§482D-8] Violation of trademarking requirement. Any person, being a manufacturer or dealer of gold or silver articles of merchandise, who sells or possesses articles which are not stamped with a trademark as required by section 482D-6 shall:

§482D-9 Contraband; forfeiture. (a) It is unlawful for any manufacturer or dealer to possess any article of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, or 482D-6. All articles of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, o…

§482E-1 Purpose and intent. (a) The purpose of this chapter is to regulate the sale of franchises in the State to minimize losses to the franchisee in cases where the franchisor or the franchisor's representative has not provided full and complete information regarding: (b) It is…

[§482E-10.5] Civil penalty. (a) The director may bring an action to recover a civil penalty against any person who violates this chapter or who has knowingly violated a rule or order made pursuant to this chapter. A civil penalty of not more than $100,000 may be assessed. (b) No …

[§482E-10.6] Criminal penalties. (a) Violations of this chapter shall be as follows: (b) In addition to the penalties provided in subsection (a), any person who violates this chapter shall forfeit to the State any interest or property acquired or maintained in connection with the…

[§482E-10.7] Violation of chapter; cease and desist order. (a) Whenever it appears to the director that any person has engaged in or is about to engage in any act or practice constituting a violation of this chapter, or any order or rule issued or adopted thereunder, the director…

§482E-11 Fees. The director shall charge and collect a fee of $250 at the time of the filing of the offering circular, a fee of $250 for the filing of any amended offering circular filed pursuant to section 482E-3(c), and an annual renewal fee of $250 to be collected pursuant to …

[§482E-12] Administration. (a) Chapter 91 shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter. (b) The director shall appoint, subject to applicable civil service laws, a competent person to administer this chapter. …

§482E-2 Definitions. As used in this chapter and unless a different meaning appears from the context: "Area franchise" means any contract or agreement between a franchisor or subfranchisor whereby the subfranchisor is granted the right to sell or negotiate the sale of franchises …

§482E-3 Offering circular. (a) It is unlawful for any person to sell a franchise in this State unless such person has presented to the prospective franchisee or the franchisee's representative, at least seven days prior to the sale of the franchise, an offering circular containin…

§482E-4 Exemptions. (a) Sections 482E-3, 482E-5(a) and 482E-5(c) shall not apply to: (b) The director may by rule or order exempt from sections 482E-3, 482E-5(a) and 482E-5(c) in whole or in part, any transaction or person, firm, corporation, or industry. In determining whether s…

§482E-5 General provisions. (a) Every person selling franchises in this State shall at all times keep and maintain a complete set of books, records, and accounts of such sales and shall thereafter at such times as are required by the director make and file in the office of the di…

§482E-6 Relationship between franchisor or subfranchisor and franchisee. Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the franchisor or subfranchisor and its franchisees:

§482E-8 Duties of the director. (a) The director may issue a stop order prohibiting the sale of a franchise if the director finds that the order is in the public interest and that: (b) Upon the entry of a stop order under any part of subsection (a), the director shall promptly no…

§482E-9 Civil liability. (a) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by section 482E-6 shall constitute an unfair or deceptive act or practice under chapter 480. (b) Any person who sells or offers to sell a franchise…

CHAPTER 482P PUBLICITY RIGHTS §482P-1 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Characteristic" means a distinctive appearance, gesture, or mannerism recognized as an identifying attribute of a personality. "Deceased individual" means a…

§482P-2 Property right in use of name, voice, signature, or likeness. Every individual or personality has a property right in the use of the individual's or personality's name, voice, signature, and likeness. The right shall be deemed to have existed before the enactment of this …

[§482P-3] Transfer, assignment, and license. (a) A right recognized by this chapter shall be freely transferable, assignable, and licensable, in whole or in part, by contract or inter vivos transfer. This right shall not expire upon the death of the individual or personality, but…

[§482P-4] Right is exclusive for individuals and personalities. (a) For individuals, except to the extent that the individual may have transferred, assigned, or licensed a right recognized by this chapter, the rights protected in this chapter are exclusive to the individual, and …

[§482P-4.5] Recording, issuance, and effect of certificate. (a) Any person desiring to register a publicity rights name may obtain a certificate of registration of the publicity rights name as provided in this section. The director shall have the power reasonably necessary to per…

[§482P-5] Infringement of right; use without consent; profit or not for profit. Except as provided in section 482P-7, any person who uses or authorizes the use of a living or deceased individual's or personality's name, voice, signature, or likeness, on or in goods, merchandise, …

[§482P-6] Infringement of right; circuit courts; injunctions; liability for damages and profits; impoundment; destruction; attorneys' fees. (a) The circuit courts of this State may grant injunctions on reasonable terms to prevent or restrain the unauthorized use of a right recogn…

[§482P-7] Exemptions from use restrictions; when chapter does not apply. (a) For purposes of section 482P-5, the use of a name, voice, signature, or likeness in connection with matters of cultural, historical, political, religious, educational, newsworthy, or public interest, inc…

§482P-8 Procedure for identifying transferees, licensees, or assignees; requirement to seek damages or relief. (a) An assignee or transferee of publicity rights shall have the right to make a publicity rights name registration. (b) Publicity rights of a deceased person that were …

§483-1 Definitions; limitations of law. In this chapter, unless otherwise expressly stated: "Obligation" does not include a liability in tort. "Obligee" does not include a person having a right based on a tort. "Obligor" does not include a person liable for a tort. "Several oblig…