Title 48 — MONOPOLIES AND TRADE PRACTICES

48-512. Infringement. Subject to the provisions of section 48-516, Idaho Code, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this act in connection with the sale, distrib…

48-513. Injury to business reputation — Dilution. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, which causes dilution of…

48-514. Remedies. Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display o…

48-515. Forum for actions regarding registration — Service on out-of-state registrants. (1) Actions to require cancellation of a mark registered pursuant to this act or to appeal the denial of registration of a mark pursuant to this act shall be brought in the district court in a…

48-516. Common law rights. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

48-517. Fees. The secretary of state shall charge thirty dollars ($30.00) for the various applications and filing fees required in this chapter and for related services. The application fee payable herein shall be refunded if the registration for a mark is not granted.

48-518. Time of taking effect — Repeal of prior acts — Intent of act. This act shall be in force and effect on July 1, 1996, but shall not affect any suit, proceeding or appeal then pending. All acts relating to marks and parts of any other acts inconsistent herewith are hereby r…

48-601. Short title and purpose. This act shall be known and may be cited as the "Idaho consumer protection act". The purpose of this act is to protect both consumers and businesses against unfair methods of competition and unfair or deceptive acts and practices in the conduct of…

48-602. Definitions. As used in this act: (1) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, trusts, business entities, and any other legal entity, or a…

48-603. Unfair methods and practices. The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful, where a person knows, or in the exercise of due care should know, that he has in…

48-603A. Unfair solicitation practices. (1) It is unlawful for any person to solicit a sale or order for sale of goods or services at other than appropriate trade premises, in person or by means of telephone, without clearly, affirmatively and expressly revealing at the time the …

48-603B. Unfair tax return preparation practices. (1) As used in this section, unless the context otherwise requires: (a) "Tax preparer" means a person who, for a fee, engages in the business of assisting with, or preparing, federal, state, or local government income tax returns.…

48-603C. Unconscionable methods, acts or practices. (1) Any unconscionable method, act or practice in the conduct of any trade or commerce violates the provisions of this chapter whether it occurs before, during, or after the conduct of the trade or commerce. (2) In determining w…

48-603D. Unfair telephone services — Unordered goods and services — Disclosure to consumers. (1) As used in this section: (a) "Telecommunications provider" means a person that provides telecommunications service. (b) "Telecommunications service" means the offering for sale of the…

48-603E. Unfair bulk electronic mail advertisement practices. (1) For purposes of this section, unless the context otherwise requires: (a) "Bulk electronic mail advertisement" means an electronic message, containing the same or similar advertisement, which is contemporaneously tr…

48-603F. mortgage loan modification fees. (1) For purposes of this section, unless the context otherwise requires: (a) "Fee" means any item of value including, but not limited to, goods or services. (b) "Loan modification activities" is defined in section 26-31-201(3), Idaho Code…

48-603G. Cancellation of subscriptions. (1) For purposes of this section, unless the context otherwise requires: (a) "Automatic subscription renewal" means an agreement entered into via the internet to provide goods or services to an Idaho consumer for a specified time and price …

48-604. Intent of legislature — Attorney general to make rules and regulations. (1) It is the intent of the legislature that in construing this act due consideration and great weight shall be given to the interpretation of the federal trade commission and the federal courts relat…

48-605. Exceptions to chapter. Nothing in this act shall apply to: (1) Actions or transactions permitted under laws administered by the state public utility commission or other regulatory body or officer acting under statutory authority of this state or the United States. (2) Act…

48-606. Proceedings by attorney general. (1) Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by this chapter to be unlawful, and that proceedings would be in the public interest, he ma…

48-607. Additional relief by court authorized. In any action brought by the attorney general, wherein the state prevails, the court shall, in addition to the relief granted pursuant to section 48-606, Idaho Code, award reasonable costs, investigative expenses and attorney’s fees …

48-608. Loss from purchase or lease — Actual and punitive damages. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act o…

48-610. Voluntary compliance — District court approval. (1) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the provisions of this chapter from any pe…

48-611. Investigative demand by attorney general — Report required. (1) When the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this act, he may execute in writing and ca…

48-612. Additional powers of attorney general. To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him by this chapter, may issue subpoenas to any person and conduct hearings in aid …

48-613. Service of notice. Service of any notice, demand or subpoena under this act shall be made personally within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1) Personal service thereof without this state; or (2…

48-614. Failure to obey attorney general — Application to district court. (1) If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the attorney general, the attorney general may, after notice, apply to a district c…

48-615. Violation of injunction — Civil penalty. Any person who violates the terms of an injunction issued or consent order entered into pursuant to section 48-606, Idaho Code, or an order entered into pursuant to section 48-614, Idaho Code, shall forfeit and pay to the state a c…

48-616. Forfeiture of corporate franchise. Upon petition by the attorney general, the district court of the county in which the principal place of business of the corporation is located may, in its discretion, order the dissolution or suspension or forfeiture of franchise of any …

48-617. Local law enforcement officials — Duties. It shall be the duty of local law enforcement officials to provide the attorney general such assistance as the attorney general may request in the investigation, commencement and prosecution of actions pursuant to this chapter.

48-618. Construction of chapter. This act is to be construed uniformly with federal law and regulations. In any action instituted under this act it shall be an absolute defense to show the challenged practices are subject to and comply with statutes administrated by the federal t…

48-619. Limitation of action. No private action may be brought under this act more than two (2) years after the cause of action accrues.

48-701. Liability for removing or concealing merchandise — Retail theft. Any person who knowingly removes merchandise from a merchant’s premises without paying therefor, or knowingly conceals merchandise to avoid paying therefor, or knowingly commits retail theft, shall be civill…

48-702. Liability for acts of minors. The parent having legal custody, of a minor who knowingly removes merchandise from a merchant’s premises without paying therefor, or knowingly conceals merchandise to avoid paying therefor, or knowingly commits retail theft, shall be civilly …

48-703. Definitions. As used in this chapter: (a) "Merchandise" means any personal property displayed, held or offered for sale by a merchant. (b) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchan…

48-704. Authorized actions of merchants. (a) Any merchant may request a person on his premises to place or keep in full view any merchandise such person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whet…

48-705. Notice of right of detention. No merchant shall be entitled to immunity from liability provided for in this act unless there is displayed in a conspicuous place on his premises a notice not less than thirteen (13) inches wide and twenty-one (21) inches long, clearly legib…

48-801. Definitions. As used in this chapter unless the context requires otherwise: (1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) "Misappropriatio…

48-802. Injunctive relief. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in ord…

48-803. Damages. (1) 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 can …

48-804. 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 reco…

48-805. Statute of limitations. An action for misappropriation must be brought within three (3) 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 c…

48-806. Effect on other law. (1) Except as provided in subsection (2) of this section, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil liability remedies for misappropriation of a trade secret. (2) This chapter does not affect:…

48-807. Short title. This chapter may be cited as the "Idaho Trade Secrets Act."

48-901. Definitions. For purposes of this chapter, the following terms have the following meanings: (1) "Consumer" means the purchaser or lessee, other than for purposes of resale or sublease, of a new motor vehicle used for personal business use, personal, family or household pu…

48-902. Manufacturer’s duty to repair — Service and repair facilities. (1) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the appl…

48-903. Manufacturer’s duty to refund or replace. (1) If the manufacturer, its agents, or its authorized dealers are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which impairs the use or market value…

48-904. Manufacturer’s duty to consumers with leased vehicles. A consumer who leases a new motor vehicle has the same rights against the manufacturer under this section as a consumer who purchases a new motor vehicle, except that, if it is determined that the manufacturer must ac…

48-905. Resale or re-lease of returned motor vehicle. (1) If a motor vehicle has been returned under the provisions of section 48-903, Idaho Code, or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement pro…

48-906. Alternative dispute settlement mechanism. (1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this stat…