Title 47, Commercial Instruments And Transactions

(1) This part does not apply to sales at retail or sales at wholesale made:(1) In an isolated transaction and not in the usual course of business;(2) Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such;(3) Where highly perishable merchan…

(a) Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor. (b) Any wholesaler who, in contravention of the policy of t…

In addition to the penalties provided in this part, the district attorney general of any county or any person damaged, or who is threatened with loss or damage, by reason of a violation of this part, has the right to apply for an injunction, and any court of competent jurisdictio…

This part shall be known and may be cited as the “Unfair Retailer's Cigarette Sales Law.”

(1) As used in this part, unless the context otherwise requires:(1) “Basic cost of cigarettes” means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purcha…

(a) It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer. (b) Evidence of advertisement, offering to sell or sal…

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.

(a) (1) Any person injured by any violation of this part, or any trade association which is representative of such a person, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.(2) If, in such action, a violation of this pa…

In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupon…

(a) The department of revenue, through the commissioner, shall administer and enforce this part. (b) (1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250);(2) For…

(1) This part does not apply to sales at retail made where cigarettes are:(1) Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof an…

Participation in a manufacturer's incentive program, discount price program or special price program shall not cause a retailer to be in violation of this part.

(1) As used in this part, unless the context otherwise requires:(1) “Deceptive imitation” means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying;(2) “Drug” includes all preparations recognized in the United States Pharmac…

In proceedings for the violation of this part, an act or omission of any individual acting for a partnership, corporation, or association, or the act or omission of an officer or employee of any partnership, corporation, or association within the scope of that person's office or …

(1) It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts:(1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive …

It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurem…

Any person violating any of the provisions of this part commits a Class C misdemeanor.

The remedies provided in this part are cumulative and not alternative.

Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed.

(1) As used in this part, unless the context otherwise requires:(1) A mark shall be deemed to be “abandoned” when either of the following occurs:(A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non…

(1) 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 …

(a) Subject to the limitations set forth in this part, 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 setting forth, but not limited to, the following i…

(a) 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 this part. (b) The applicant shall provide any additional pertinent information requested by the secretary, includ…

(a) (1) Upon compliance by the applicant with the requirements of this part, the secretary shall cause a certificate of registration to be issued and delivered to the applicant.(2) The certificate of registration shall be issued under the signature of the secretary and the seal o…

(a) A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registratio…

(a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing dul…

The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to § 47-25-507.

(1) The secretary shall cancel from the register, in whole or in part:(1) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;(2) All registrations granted under this part and not…

The secretary shall by regulation establish a classification of goods and services for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods u…

Any person who, for the person's own benefit, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under this part by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by an…

(1) Subject to § 47-25-516, any person who does the following is liable in a civil action by the registrant for any and all of the remedies provided in § 47-25-514, except that under subdivision (2), the registrant is not entitled to recover profits or damages unless the acts hav…

(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…