Title XXIX, Commerce and Trade

verification of records -- Disclosures -- Restrictions and requirements. (1) At the time when a motor vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for s…

(1) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle, the shared vehicle owner shall: (a) Remove the shared vehicle as available on the peer-to-peer car sharing program as soon as practicably possible after receiving the notice; and (b) N…

A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability: (1) Consistent with 49 U.S.C. sec. 30106; and (2) Except as provided in KRS 304.39-080, under any state or local law that imposes liability solely based on vehicle ownership.

As used in KRS 365.530 to 365.536: (1) "Delivery available period" means the period when a delivery network driver: (a) Is operating a personal vehicle; (b) Has logged on to a digital network; (c) Is eligible to receive requests to provide delivery services from a delivery networ…

coverage required -- Claims. (1) A delivery network company shall ensure that, during the delivery available period, if applicable, and delivery service period, primary motor vehicle liability insurance coverage is in place that: (a) Recognizes that the driver is a delivery netwo…

A delivery network company shall not permit a delivery network driver to engage in delivery services on the company's digital network until the company discloses in writing to the driver: (1) The insurance coverage, including the types of coverage and the limits for each coverage…

(1) Nothing in KRS 365.530, 365.532, or 365.534 shall be construed to: (a) Invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any policy in use or approved for use that excludes coverage for motor vehicles: 1. Used for delivery; or…

The General Assembly in enacting KRS 365.561 to 365.613 intends to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. The constructi…

As used in KRS 365.561 to 365.613, unless the context otherwise requires: (1) "Trademark" means any word, name, symbol or device including, but not limited to, a distinctive package or container of any kind, or any combination of these, used by a person to identify and distinguis…

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 pursuant to KRS 365.567 to 365.581 if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists …

(1) Subject to the limitations set forth in KRS 365.561 to 365.613, any person who uses a mark in this state may file an application for registration of that mark in the office of the Secretary, in a manner prescribed by the Secretary as set out in administrative regulations prom…

(1) Upon the filing of an application for registration and payment of the application fee prescribed in KRS 365.571, the Secretary may cause the application to be examined for conformity with KRS 365.561 to 365.613. (2) The applicant shall provide any additional pertinent informa…

(1) Upon the applicant's compliance with the requirements of KRS 365.561 to 365.613, the Secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary and the s…

(1) A registration of a mark pursuant to KRS 365.561 to 365.613 shall be effective for a term of five (5) years from the date of registration and, may be renewed for a like term upon application filed within six (6) months prior to the expiration of the term, in a manner complyin…

(1) Any mark and its registration or application pursuant to KRS 365.561 to 365.613 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. An assignme…

The Secretary shall keep for public examination a record of all marks registered, renewed, or recorded under KRS 365.561 to 365.613.

The Secretary shall cancel from the register, in whole or in part: (1) Any registration concerning which the Secretary receives a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations granted under KRS 365.561 to 365.613 and not r…

The Secretary shall promulgate administrative regulations establishing a system for classifying goods and services for purposes of administering KRS 365.561 to 365.613. This system shall not limit or extend the applicant's or registrant's rights. An application for registration o…

Any person who on behalf of himself or any other person, procures the filing or registration of any mark in the office of the Secretary pursuant to KRS 365.561 to 365.613 by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any ot…

Subject to the provisions of KRS 365.611, any person who: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under KRS 365.561 to 365.613, or under KRS 365.560 to 365.625 prior to their repeal, in conn…

(1) Any owner of a mark registered under KRS 365.561 to 365.613, or under KRS 365.560 to 365.625 prior to their repeal, may seek to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark in any court of competent jurisdiction. The court may re…

registrants. (1) Actions to require cancellation of a mark registered pursuant to KRS 365.561 to 365.613 or to compel registration of a mark pursuant to KRS 365.561 to 365.613 shall be brought in the Franklin Circuit Court. In an action to compel registration, the proceeding shal…

Nothing set out in KRS 365.561 to 365.613 shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

Unless otherwise specified in KRS 365.561 to 365.613 and regulations promulgated pursuant to those sections, the fees payable under KRS 365.561 to 365.613 are not refundable.

As used in KRS 365.655 to 365.695 unless the context requires otherwise: (1) "Transient merchant" means any person, firm, corporation, partnership or other entity which engages in, does or transacts any temporary or transient business in the state, either in one (1) locality or i…

The provisions of KRS 365.650 to 365.695 shall not apply to: (1) Sales at wholesale to retail merchants by commercial selling agents in the usual course of business; (2) Wholesale trade shows or conventions; (3) Sales of goods, wares or merchandise by sample catalogue or brochure…

It is unlawful for any transient merchant to transact business in any county of this state unless such merchant and the owners of any goods, wares or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a permit and shall hav…

Any transient merchant desiring to transact business in any county in this state shall make application for and obtain a permit in each county in which the merchant desires to transact business at least ten (10) days prior to transacting business in the county. The application fo…

The county clerk shall forward a copy of each approved application to the Department of Revenue and to the office of the Attorney General within ten (10) days of approval.

(1) Each registered agent designated by a transient merchant in the application for a permit shall be a resident of the state and shall be agent of the transient merchant upon whom any process, notice, or demand required or permitted by law to be served upon the transient merchan…

(1) Each application for a transient merchant permit shall be accompanied by a permit fee pursuant to KRS 64.012, to be retained by the office of the county clerk or the officer of an urban-county government having the responsibility for the issuance of business permits and licen…

denial. A transient business permit shall be used hereunder only when all requirements of KRS 365.650 to 365.695 have been met. Such permit shall not be transferable, shall be valid only within the territorial limits of the issuing county, and shall be valid only for a period of …

Any buyer who purchases from a transient merchant goods with a value in excess of fifty dollars ($50), shall acquire the right of cancellation and any other rights granted to a buyer by KRS 367.420 to 367.460.

(1) The Attorney General or county attorney may enforce the provisions of KRS 365.650 to 365.695 by civil action for injunctive relief in the Circuit Court of his county. In the action to obtain the injunction, it shall be sufficient to allege and prove that a violation of KRS 36…

Nothing in this chapter shall be construed to limit the authority of counties or cities to levy additional license fees and to require additional bonding for transient merchants engaging in business in such counties or cities and to otherwise regulate transient merchants engaging…

(1) Where unsolicited goods are delivered to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. Such unsolicited goods shall be deemed a gift to the recipient, who may use them or dispose of them in any manner w…

As used in KRS 365.720 to 365.730, unless the context requires otherwise: (1) "Business" means a sole proprietorship, partnership, corporation, limited liability company, association, or other entity, however organized and whether or not organized to operate at a profit. "Busines…

information. When a business disposes of, other than by storage, any customer's records that are not required to be retained, the business shall take reasonable steps to destroy, or arrange for the destruction of, that portion of the records containing personally identifiable inf…

Rights and remedies. (1) Any customer injured by a violation of KRS 365.725 may institute a civil action to recover damages. (2) Any business that violates, proposes to violate, or has violated any provision of KRS 365.725 may be enjoined in a civil action. (3) The rights and rem…

their unencrypted personally identifiable information. (1) As used in this section, unless the context otherwise requires: (a) "Breach of the security of the system" means unauthorized acquisition of unencrypted and unredacted computerized data that compromises the security, conf…

computing service provider -- Administrative regulations. (1) As used in this section: (a) "Cloud computing service" means a service that provides, and that is marketed and designed to provide, an educational institution with account-based access to online computing resources; (b…

As used in KRS 365.755 and 365.760, unless the context requires otherwise: (1) "Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge. (2) "Distributor" means any person engaged in the business of distributing or supplying mo…

license agreement. (1) No distributor shall engage in blind bidding. (2) No distributor shall condition the granting or execution of a license agreement on a guarantee of a minimum payment to the distributor, if the exhibitor is required by the license agreement to make any payme…

another exhibitor -- Bid invitation prohibits other methods of license agreement. (1) If bids are solicited from exhibitors for the purpose of entering into a license agreement, the invitation to bid shall specify: (a) Whether the run for which the bid is solicited is a first, se…

In any civil action for damages against a person for violation of the provisions of KRS 365.755 or 365.760, the court may award damages and reasonable attorney fees to the prevailing party. The provisions of KRS 365.755 and 365.760 may be enforced by injunction or any other avail…

As used in KRS 365.780 to 365.784: (1) "Performing group" means a vocal or instrumental group of one (1) or more members that intends to advertise or perform under the name of a recording group or a name confusingly similar to a recording group; (2) "Recording group" means a voca…