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162 sections in this chapter.
Neb. Rev. Stat. § 87-131 Application; fee; examination; disclaimer; amendments; reapplication; application priorities.
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(1) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with the Trademark Registration Act. (2) The applicant shall provide any additional pertinent information requested by …
Neb. Rev. Stat. § 87-1310 Covered online service; covered minor; privacy settings; acts prohibited.
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A covered online service shall not: (1) Provide a covered minor with a single setting that makes all of the default privacy settings less protective at once; or (2) Request or prompt a covered minor to make the covered minor's privacy settings less protective, unless the change i…
Neb. Rev. Stat. § 87-1311 Covered online service; covered minor's account; duties.
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A covered online service shall: (1) Provide a prominent, accessible, and responsive tool to allow a covered minor to request that the covered minor's account be unpublished or deleted; and (2) Honor a request under subdivision (1) of this section no later than fifteen days after …
Neb. Rev. Stat. § 87-132 Certificate of registration; contents; how treated.
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Upon compliance by the applicant with the requirements of the Trademark Registration Act, the secretary shall return the duplicate copy of the application stamped with the filing date to the applicant. The certificate of registration shall be issued under the signature of the sec…
Neb. Rev. Stat. § 87-133 Registration; term; renewal; renewal fee; prior registration and proceedings.
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(1) A registration of a mark under the Trademark Registration Act is effective for ten years after the date of registration and, upon application filed within six months prior to the expiration, in a manner complying with the requirements of the secretary, the registration may be…
Neb. Rev. Stat. § 87-134 Registration; assignment; change of name; other recordings; fees.
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(1) Any mark and its registration under the Trademark Registration Act is 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. Assignment shall be by instrume…
Neb. Rev. Stat. § 87-135 Public records.
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The secretary shall keep for public examination a record of all marks registered or renewed under the Trademark Registration Act, as well as a record of all documents recorded pursuant to section 87-134.
Neb. Rev. Stat. § 87-136 Cancellation from register.
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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 thereof from the registrant or the assignee of record; (2) All registrations granted under the Trademark Registrati…
Neb. Rev. Stat. § 87-137 Classification of goods and services; rules and regulations.
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The secretary shall adopt and promulgate rules and regulations which establish a classification of goods and services for convenience of administration of the Trademark Registration Act, but such rules and regulations shall not limit or extend the applicant's or registrant's righ…
Neb. Rev. Stat. § 87-138 Fraudulent representation; liability.
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Any person who for himself or herself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the Trademark Registration Act by knowingly making any false or fraudulent representation or declaration, orally or in wri…
Neb. Rev. Stat. § 87-139 Unauthorized use; liability.
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Subject to section 87-143, any person who (1) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under the Trademark Registration Act in connection with the sale, distribution, offering for sale, or advert…
Neb. Rev. Stat. § 87-140 Famous mark; factors; remedies.
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(1) The owner of a mark which is famous in this state is entitled, subject to the principles of equity and upon such terms as the court seems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become…
Neb. Rev. Stat. § 87-1401 Agricultural Data Privacy Act, how cited.
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Sections 87-1401 to 87-1410 shall be known and may be cited as the Agricultural Data Privacy Act.
Neb. Rev. Stat. § 87-1402 Legislative findings.
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The Legislature finds that agricultural data is a proprietary business asset that originates from the farm, land, devices, and equipment of agricultural producers. To protect the economic value of this data and the autonomy of Nebraska producers, the sale of such data shall be pr…
Neb. Rev. Stat. § 87-1403 Terms, defined.
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For purposes of the Agricultural Data Privacy Act: (1) Affiliate means a person or entity that directly or indirectly controls, is controlled by, or is under common control with a controller or processor; (2) Aggregated data means agricultural data that has been combined with oth…
Neb. Rev. Stat. § 87-1404 Agricultural data; owner; control; agricultural producer, controller, or processor; rights.
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(1) For purposes of this section, control means a person has the power to: (a) Avail substantially all of the benefits from such agricultural data; (b) Prevent other persons from availing substantially all of the benefits from such agricultural data; and (c) Transfer a power desc…
Neb. Rev. Stat. § 87-1405 Agricultural data; prohibited acts.
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(1) A controller or processor shall not engage in the sale of agricultural data without the express written consent of the agricultural producer. (2) Written consent for the sale of agricultural data shall be obtained through a clear and conspicuous disclosure that is separate fr…
Neb. Rev. Stat. § 87-1406 Agricultural data; contract or agreement; requirements.
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(1) Beginning on January 1, 2027, every new contract or agreement involving the collection or processing of agricultural data in this state shall contain a specific provision stating that the controller or processor is prohibited from engaging in the sale of such agricultural dat…
Neb. Rev. Stat. § 87-1407 Controller or processor; security practices.
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(1) Any controller or processor in custody or possession of agricultural data shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of such agricultural data…
Neb. Rev. Stat. § 87-1408 Attorney General; enforcement authority.
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(1) The Attorney General may bring an action in the district court of Lancaster County against any controller or processor that violates the Agricultural Data Privacy Act to: (a) Seek injunctive relief; or (b) Recover a civil penalty in the amount of one thousand dollars for each…
Neb. Rev. Stat. § 87-1409 Attorney General; civil penalty; procedure.
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(1) Prior to bringing an action to recover a civil penalty for a violation of section 87-1406 or 87-1407, the Attorney General shall provide a controller or processor with a written notice that identifies the specific provision of section 87-1406 or 87-1407 that the Attorney Gene…
Neb. Rev. Stat. § 87-141 Injunction; damages; attorney's fees.
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Any owner of a mark registered under the Trademark Registration Act may enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as…
Neb. Rev. Stat. § 87-1410 Act, how construed.
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The Agricultural Data Privacy Act shall not be construed to: (1) Limit or supersede any duty or obligation that is imposed by any federal law or any other law of the State of Nebraska; (2) Relieve any person from any duty or obligation otherwise imposed by law; (3) Impair, supers…
Neb. Rev. Stat. § 87-142 Cancellation or registration of mark; action; procedure.
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(1) Actions to require cancellation of a mark registered pursuant to the Trademark Registration Act or in mandamus to compel registration of a mark pursuant to the act shall be brought in the district court of Lancaster County. In an action in mandamus, the proceeding shall be ba…
Neb. Rev. Stat. § 87-143 Common law; construction of act.
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Nothing in the Trademark Registration Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
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.
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…
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.