Title 78 — Title 78 — Trade Marks and Labels
0 chapters · 71 sections in this title.
78 O.S. § 73 Definitions
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As used in the American Indian Arts and Crafts Sales Act of 1974, unless the context otherwise requires, the following terms or phrases shall have the following meanings: 1. "American Indian tribe" means any Indian tribe federally recognized by the Bureau of Indian Affairs of the…
78 O.S. § 74 Sale of imitation American Indian arts and crafts as being
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authentic prohibited. It is unlawful to distribute, trade, sell or offer for sale or trade within this state any article represented as being made by American Indians unless the article actually is made or assembled by American Indian labor or workmanship. All articles purporting…
78 O.S. § 75 Penalties
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Any merchant who knowingly and willfully tags or labels any article as being an American Indian art or craft when it does not meet the specifications of the American Indian Arts and Crafts Sales Act of 1974 shall be guilty of violating the provisions of the Act and shall be punis…
78 O.S. § 8 Repealed by Laws 1959, p. 373, § 15
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78 O.S. § 8 Repealed by Laws 1959, p. 373, § 15
78 O.S. § 81 Definitions
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The term "honey", "liquid or extracted honey", "strained honey" or "pure honey" as used in this act, shall mean the nectar of plants or flowers that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and market…
78 O.S. § 82 Substitutes and mixtures not to be labeled as honey
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(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey", "liquid or extracted honey", "strained honey" or "pure honey" which is not pure honey. (b) No person, firm, association, company or cor…
78 O.S. § 83 Word "imitation" not to be used
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The word "imitation" shall not be used in the name of a product which is in semblance of honey whether or not it contains any honey. The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product and the…
78 O.S. § 83.1 Imported honey - Labeling - Exemptions
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No person shall sell, keep for sale, or expose or offer for sale, any honey as defined by Section 81 of this title which originates from a country other than the United States of America, unless there is printed on the package containing such honey a statement specifying the coun…
78 O.S. § 84 Penalty
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Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as and for a misdemeanor. Laws 1975, c. 68, § 4.
78 O.S. § 85 Short title
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Sections 1 through 11 of this act shall be known and may be cited as the "Uniform Trade Secrets Act". Added by Laws 1986, c. 85, § 1, eff. Nov. 1, 1986.
78 O.S. § 86 Definitions
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As used in the Uniform Trade Secrets Act, unless the context requires otherwise: 1. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. 2. "Misappropriation" m…
78 O.S. § 87 Injunctions - Court orders
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A. 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 order to eliminate commercial a…
78 O.S. § 88 Damages
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A. 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 include both the a…
78 O.S. § 89 Attorney's fees
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The court may award reasonable attorney's fees to the prevailing party if: 1. A claim of misappropriation is made in bad faith; or 2. A motion to terminate an injunction is made or resisted in bad faith; or 3. Willful and malicious misappropriation exists. Added by Laws 1986, c. …
78 O.S. § 9 Repealed by Laws 1959, p. 373, § 15
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78 O.S. § 9 Repealed by Laws 1959, p. 373, § 15
78 O.S. § 90 Means of preserving trade secrets
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In an action brought pursuant to the provisions of the Uniform Trade Secrets Act, 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 pursuant to the provisions of…
78 O.S. § 91 Limitation of actions
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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 constitutes a single claim. Added…
78 O.S. § 92 Operation and effect of act - Exemptions
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A. Except as provided for in subsection B of this section, the Uniform Trade Secrets Act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. B. The Uniform Trade Secrets Act does not affect: 1. c…
78 O.S. § 93 Application and construction of act
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The Uniform Trade Secrets Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Added by Laws 1986, c. 85, § 9, eff. Nov. 1, 1986.
78 O.S. § 94 Exemptions
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The Uniform Trade Secrets Act shall not be construed to apply: 1. to a misappropriation occurring prior to the effective date of this act; or 2. with respect to a continuing misappropriation that began prior to the effective date of this act, to the continuing misappropriation th…
78 O.S. § 95 Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989
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78 O.S. § 95 Repealed by Laws 1989, c. 154, § 2, operative July 1, 1989