Chapter 87 — TRADE PRACTICES
202 sections in this chapter.
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 87-1201 Cybersecurity event; liability of private entity.
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(1) For purposes of this section: (a) Cybersecurity event means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system; (b) Information system means: (i) A discrete set of electronic…
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Repealed. Laws 2000, LB 626, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 87-126 Act, how cited.
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Sections 87-126 to 87-144 shall be known and may be cited as the Trademark Registration Act.
Neb. Rev. Stat. § 87-127 Intent.
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It is the intent of the Legislature that the Trademark Registration Act provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Trademark Act of 1946, as amended. T…
Neb. Rev. Stat. § 87-128 Terms, defined.
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For purposes of the Trademark Registration Act: (1) Abandoned mark means that either of the following has occurred: (a) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years…
Neb. Rev. Stat. § 87-129 Mark; not registered; when.
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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 if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may di…
Neb. Rev. Stat. § 87-130 Application for registration; contents.
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Subject to the limitations set forth in the Trademark Registration Act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark including, but not limited to, th…
Neb. Rev. Stat. § 87-1301 Act, how cited.
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Sections 87-1301 to 87-1311 shall be known and may be cited as the Age-Appropriate Online Design Code Act.
Neb. Rev. Stat. § 87-1302 Terms, defined.
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For purposes of the Age-Appropriate Online Design Code Act: (1) Actual knowledge includes all information and inferences known to the covered online service relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online s…
Neb. Rev. Stat. § 87-1303 Act; applicability.
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(1) The Age-Appropriate Online Design Code Act does not apply to: (a) A federal, state, tribal, or local government entity in the ordinary course of its operations; (b) Personal data subject to a statute or regulation that is controlled by a covered online service that is require…
Neb. Rev. Stat. § 87-1304 Covered online service; provide safeguards for minors.
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(1) A covered online service shall provide each covered minor with accessible and easy-to-use tools that: (a) Limit the ability of other users or visitors to communicate with the covered minor; (b) Prevent other individuals from viewing the personal data of the covered minor; (c)…
Neb. Rev. Stat. § 87-1305 Covered online service; personal data; collection and use.
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(1) A covered online service shall only collect and use the minimum amount of a covered minor's personal data necessary to provide the specific elements of an online service with which the covered minor has knowingly engaged. Such personal data shall not be used for reasons other…
Neb. Rev. Stat. § 87-1306 Covered online service; parental tools; notification of covered minor.
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(1) A covered online service shall provide parents with tools to help parents protect and support minors using covered design features of the covered online service. Such parental tools shall be enabled by default for an individual the covered online service knows to be a child. …
Neb. Rev. Stat. § 87-1307 Covered online service; reporting mechanisms.
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A covered online service shall establish mechanisms for covered minors and parents to report harms on covered online services.
Neb. Rev. Stat. § 87-1308 Covered online service; acts prohibited.
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(1) A covered online service is prohibited from facilitating advertisements for prohibited products, such as narcotic drugs, tobacco products, gambling, and alcohol, to covered minors. (2) A covered online service is prohibited from using dark patterns.
Neb. Rev. Stat. § 87-1309 Act, violation; deceptive trade practice; compliance officer; civil penalty.
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(1) Any violation of the Age-Appropriate Online Design Code Act shall, additionally and separately, constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act. Civil penalties for violations of the Age-Appropriate Online Design Code Act shall be subject…
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.