Title 47, Commercial Instruments And Transactions

(a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has …

(a) Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as su…

(a) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part shall be brought in the circuit court of Davidson County. In an action in mandamus, the proceeding shall be based solely upon the r…

Nothing in this part shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable under this part are not refundable.

The intent of this part is 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. To that end, the construction given the federal act…

This part shall be known and may be cited as the “Petroleum Trade Practices Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Cost to the retailer” means the sum of:(A) The lower of:(i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or(ii) …

(a) The purpose of this part is to regulate vertical integration of the petroleum industry in Tennessee, it being the conclusion of the general assembly hereby expressed that vertical integration tends to operate in restraint of free trade and inhibits full and free competition a…

(a) (1) Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement.(2) Such notice shall state the date of issuance and termination and the caus…

(a) Any vertically integrated producer who:(1) Terminates, fails to renew, or in any manner attempts to cause the cancellation of a franchise agreement with a dealer through the use of price or service discrimination, the imposition of unreasonable hours of operation requirements…

Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer's legal representativ…

Any dealer aggrieved by violations of this part, or such dealer's legal representative, may bring suit in any court of competent jurisdiction and receive injunctive relief or damages as set forth in this part.

(a) (1) No dealer shall make, or offer or advertise to make, sales at retail at below cost to the retailer, where the effect is to injure or destroy competition or substantially lessen competition, unless such sales at retail are exempt under § 47-25-204.(2) No dealer shall limit…

(1) A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded:(1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period imme…

(a) Every franchise agreement as defined herein shall be subject to the nonwaivable provisions set forth in this section, whether or not they are expressly set forth in the agreement. (b) (1) No agreement shall contain any provision which in any way limits the right of either par…

(a) (1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purch…

No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers.

No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuel…

(a) No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least…

This part shall be known as the “Tennessee Motion Picture Fair Competition Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Bid” means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to ex…

(a) Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture be…

In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy.

This part shall be known and may be cited as the “Tennessee Coupon Sales Promotion Act of 1980.”

(1) As used in this part, except where the context otherwise requires:(1) “Coupon” means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or p…

(a) No promoter shall sell, offer for sale, or otherwise publish or distribute any coupon without a prior contract or agreement in writing with the coupon sponsor. A copy of such contract shall be furnished to the sponsor at the time of its execution, and shall set forth all term…

(a) Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and th…

(a) The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor. (b) No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement …

Within ten (10) days after the promotion ending date or ten (10) days after all coupons have been sold or otherwise distributed, whichever occurs first, the promoter shall inform the sponsor in writing of the total number of coupons sold or distributed, and remit all funds owed t…

(a) All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person. (b) Such agreements shall conspicu…

(a) No promoter shall misrepresent directly or by implication:(1) That any person is sponsoring, endorsing, or participating in the sale of any coupon;(2) That the promoter is an employee or agent of any person sponsoring, endorsing, or participating in the sale of any coupon or …

A violation of this part is a Class C misdemeanor.

Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of compe…

This part shall be known as the “Unfair Trade Practice and Advertising Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Household furniture, appliances, and floor coverings” means such furniture, appliances, and floor coverings as are used in dwelling houses;(2) “Person” means any individual, firm, partnership, corporation, or ot…

It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandis…

(a) It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words “manufacturer,…

Any person to whom is sold household furniture, appliances, or floor covering merchandise, in the course of an unlawful trade practice, as hereinabove defined, may, at the person's option, or on discovery of such unlawful trade practice, and on due notice to the seller, rescind s…

Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered.

A person violating this part commits a Class C misdemeanor.