Chapter 87 — TRADE PRACTICES
202 sections in this chapter.
Neb. Rev. Stat. § 87-144 Fees; not refundable.
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Unless specified by the secretary, the fees payable under the Trademark Registration Act are not refundable.
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 628, § 14, p. 2104.
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[Repealed or reserved.]
Neb. Rev. Stat. § 87-208 Terms, defined.
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As used in sections 87-208 to 87-219.01, unless the context otherwise requires: (1) Applicant means a person filing an application for registration of a trade name under such sections or his or her legal representatives, successors, or assigns; (2) Person means an individual, cor…
Neb. Rev. Stat. § 87-209 Trade name; not registered; when.
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A trade name shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage, bring into contempt or disrepute, or falsely suggest a connection with, persons living or dead, institutions…
Neb. Rev. Stat. § 87-210 Trade name; application for registration; requirements; Secretary of State.
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(1) Subject to the limitations set forth in sections 87-208 to 87-219.01, any person who adopts a trade name for use in this state may file in the office of the Secretary of State on a form furnished by the Secretary of State an application, in duplicate, for registration of the …
Neb. Rev. Stat. § 87-211 Trade name; registration; term effective; renewal; fee; statement.
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(1) Registration of a trade name under sections 87-208 to 87-219.01 shall be effective for a term of ten years from the date of registration and, upon application filed in duplicate within six months prior to the expiration of such term on a form to be furnished by the Secretary …
Neb. Rev. Stat. § 87-212 Trade name; assignment; recordation; fee.
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Any trade name registered under sections 87-208 to 87-219.01 shall be assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed, in duplicate, and may be recorded with the Secretary of State upon th…
Neb. Rev. Stat. § 87-213 Secretary of State; record; public examination.
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The Secretary of State shall keep for public examination a record of all trade names registered or renewed under sections 87-208 to 87-219.01.
Neb. Rev. Stat. § 87-214 Registration; Secretary of State; cancel; when.
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The Secretary of State shall cancel from the register: (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) Any registration granted under sections 87-208 to 87-219.01 an…
Neb. Rev. Stat. § 87-215 False representation or declaration; damages.
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Any person who, for himself or herself or on behalf of any other person, procures the registration of any trade name in the office of the Secretary of State under the provisions of sections 87-208 to 87-219.01, by knowingly making any false or fraudulent representation or declara…
Neb. Rev. Stat. § 87-216 Action for misuse; when.
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Subject to section 87-218, any person shall be liable to a civil action by the registrant of the trade name for any or all of the remedies provided in section 87-217 if that person shall: (1) Use in connection with his or her business, without the consent of the registrant, any r…
Neb. Rev. Stat. § 87-217 Injury to business; injunction; remedies; attorney's fees.
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Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may require the d…
Neb. Rev. Stat. § 87-218 Trade name; enforcement of rights.
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Sections 87-208 to 87-219.01 shall not adversely affect rights in trade names, or the enforcement of rights in trade names, acquired at any time in good faith at common law.
Neb. Rev. Stat. § 87-219 Trade name; publication; file; failure; effect.
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Every duplicate of the registration of a trade name shall be published by the applicant once in a newspaper of general circulation published in the city or village where the business is to be located, or, if there is no newspaper in the city or village, in some newspaper of gener…
Neb. Rev. Stat. § 87-219.01 Trade name; protest registration; procedure.
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(1) Within sixty days after the publication of a new registered trade name as provided in section 87-219, a person holding a valid registration of a trade name, corporate name, or limited liability company name may protest the registration of the new trade name. The protest shall…
Repealed. Laws 2011, LB 462, § 20.
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[Repealed or reserved.]
Neb. Rev. Stat. § 87-301 Terms, defined.
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For purposes of the Uniform Deceptive Trade Practices Act, unless the context otherwise requires: (1) Access software provider means a provider of software, including client or server software, or enabling tools that do any one or more of the following: (a) Filter, screen, allow,…
Neb. Rev. Stat. § 87-302 Deceptive trade practices; enumerated.
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(a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, he or she: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approv…
Neb. Rev. Stat. § 87-303 Deceptive trade practices; damages; injunction; costs; additional remedy.
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(a) A person likely to be damaged by a deceptive trade practice of another may bring an action for, and the court may grant, an injunction under the principles of equity against the person committing the deceptive trade practice. The court may order such additional equitable reli…
Neb. Rev. Stat. § 87-303.01 Unconscionable act or practice; violation; determination.
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(1) An unconscionable act or practice by a supplier in connection with a consumer transaction shall be a violation of the Uniform Deceptive Trade Practices Act. (2) The unconscionability of an act or practice shall be a question of law for the court. If it is claimed or appears t…
Neb. Rev. Stat. § 87-303.02 Deceptive trade practice or unconscionable act; connected accounts or assets; Attorney General; powers.
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(a) When the Attorney General has reasonable cause to believe that any person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may: (1) Require any person to file a statement or report …
Neb. Rev. Stat. § 87-303.03 Attorney General; additional powers.
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(1) The Attorney General, in addition to other powers conferred upon him or her by the Uniform Deceptive Trade Practices Act: (a) May issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigat…
Neb. Rev. Stat. § 87-303.04 Attorney General; order; failure or refusal to obey; court; powers.
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(1) If any person fails or refuses to obey any order of the Attorney General to file any statement or report, or to obey any subpoena issued by the Attorney General, pursuant to the Uniform Deceptive Trade Practices Act, the Attorney General may apply to any district court in thi…
Neb. Rev. Stat. § 87-303.05 Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.
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(1) Whenever the Attorney General has cause to believe that a person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may apply for and obtain, in an action in any district court of thi…
Neb. Rev. Stat. § 87-303.06 Claims not barred.
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The Uniform Deceptive Trade Practices Act shall not bar any claim against any person who has acquired any money or real or personal property by means of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01.
Neb. Rev. Stat. § 87-303.07 Sale or lease agreement; unenforceable; when.
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If a buyer or lessee is induced by a violation of section 87-302 or 87-303.01 to enter into a sale or lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his or her option, may rescind the agreement or retain the merchandise delivered and the…
Neb. Rev. Stat. § 87-303.08 Violations; penalty.
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Any person who violates the Uniform Deceptive Trade Practices Act shall be guilty of a Class II misdemeanor except as otherwise provided in the act.
Neb. Rev. Stat. § 87-303.09 Injunction, declaratory judgment, written assurance; violation; penalty.
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Any person who willfully violates the terms of an injunction or declaratory judgment of the court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 87-303.10 Civil action; statute of limitations.
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A civil action arising under the Uniform Deceptive Trade Practices Act may be brought only within four years from the date of the purchase of goods or services.
Neb. Rev. Stat. § 87-303.11 Violations; civil penalty; recovery; procedure.
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(1) Any person who violates section 87-302 or 87-303.01 or who willfully violates the terms of an injunction or declaratory judgment of a district court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act …
Neb. Rev. Stat. § 87-303.12 Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene.
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(1) A party filing a petition, counterclaim, cross-petition, or pleading in intervention alleging a violation under the Uniform Deceptive Trade Practices Act, within seven days following the date of filing such pleading, shall provide a copy to the Attorney General and, within se…
Neb. Rev. Stat. § 87-303.13 Trial by jury.
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The Attorney General or defendant may demand that any claim under the Uniform Deceptive Trade Practices Act be tried by a jury.
Neb. Rev. Stat. § 87-304 Applicability of act.
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(a) The Uniform Deceptive Trade Practices Act does not apply to: (1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; (2) Publishers, broadcasters, printers, or other persons engaged in the disseminat…
Neb. Rev. Stat. § 87-305 Act, how construed.
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The Uniform Deceptive Trade Practices Act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
Neb. Rev. Stat. § 87-306 Act, how cited.
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Sections 87-301 to 87-306 shall be known and may be cited as the Uniform Deceptive Trade Practices Act.
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Repealed. Laws 1993, LB 305, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 87-401 Legislative intent.
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The Legislature finds and declares that distribution and sales through franchise arrangements in the state vitally affect the general economy of the state, the public interest and public welfare. It is therefor necessary in the public interest to define the relationship and respo…
Neb. Rev. Stat. § 87-402 Terms, defined.
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For purposes of the Franchise Practices Act, unless the context otherwise requires: (1) Franchise means (a) a written arrangement for a definite or indefinite period, in which a person grants to another person for a franchise fee a license to use a trade name, trademark, service …