Title 40, Title 40 — Trade And Commerce

Definitions. (a) As used in this article: (i) "Demand letter" means a letter, email or other communication asserting or claiming that the target engaged in patent infringement; (ii) "Target" means a person that: (A) Receives a demand letter or other allegation of patent infringem…

Bad faith assertion of patent infringement; prohibited; factors to determine bad faith. (a) Except as otherwise provided in this article, no person shall make a bad faith assertion of patent infringement as provided in this section. (b) A court may consider any of the following f…

Private right of action. (a) A target or other person aggrieved by a bad faith assertion of patent infringement in violation of this article may bring an action in a court of proper jurisdiction. A court may award any of the following remedies to a plaintiff prevailing in an acti…

Enforcement. (a) The attorney general may enforce the provisions of this article and investigate violations of this article. (b) The attorney general or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive or other relief in any c…

Exceptions. (a) The provisions of this article shall not apply to: (i) A person that owns or has the right to license or enforce a patent if the person is: (A) Notifying another of the ownership right or enforcement right in the patent; (B) Notifying another that the patent is av…

Definitions. (a) The term "trademark" as used in this act means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, a…

Marks which cannot be registered. (a) 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: (i) Consists of or comprises immoral, deceptive or scandalous matter; or (ii) Con…

Application for registration; filing fee. (a) Subject to the limitations set forth in this act, any person who uses a mark in this state may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that …

Examination of application; amendment of application. (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 act. (b) The applicant shall provide any additional per…

Term of registration; renewals. (a) Registration of a mark is 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,…

Assignment of marks and registration; change of name. (a) Any mark and its registration under this act shall be 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 th…

Public record of marks. The secretary shall keep for public examination a record of all marks registered or renewed under this act.

Cancellation of registration. (a) The secretary shall cancel from the register in whole or in part: (i) Repealed By Laws 1997, ch. 112, § 3. (ii) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the …

Classification of marks. (a) Repealed By Laws 1997, ch. 112, § 3. (b) Repealed By Laws 1997, ch. 112, § 3. (c) The secretary shall by regulation establish a classification of goods and services for marks for the convenience of administration of this act, but not to limit or exten…

False or fraudulent representations or declarations; liability for damages sustained. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly m…

Civil liability. Subject to the provisions of W.S. 40-1-113 any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for…

Remedies. (a) Any owner of a mark registered under this act 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 s…

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

Inapplicable to livestock brands, marks or tags. This act shall not be construed to apply to brands, marks or tags on livestock.

Injury to business reputation; dilution. (a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, which causes dilution of the …

Powers of secretary of state; filing and other fees. (a) The secretary has the power reasonably necessary to perform the duties required of him by this act including the promulgation of rules and regulations necessary to carry out the purposes of this act. (b) The secretary shall…

Definitions. (a) As used in this act unless the context otherwise requires: (i) "Applicant" means a person filing an application for registration or reservation of a trade name under this act, his legal representatives, successors or assigns; (ii) "Person" means an individual, co…

Registrability. (a) A trade name shall not be registered if it: (i) Is the same as, or deceptively similar to, a trademark or service mark registered in this state, or is not distinguishable from the names of other business entities as required by W.S. 17-16-401; (ii) Contains an…

Reservation. (a) Any person intending to adopt a trade name for use and intending to apply for registration of a trade name may reserve the trade name in the following manner. Reservation shall be made by filing an application with the secretary of state to reserve a specified tr…

Application for registration. (a) Subject to the limitations set forth in this act and upon payment of one hundred dollars ($100.00), any person who adopts a trade name for use in this state may file an application for registration of the trade name in duplicate in the office of …

Duration and renewal. (a) Registration of a trade name under this act is effective for ten (10) years. Within six (6) months prior to the expiration of a term, registration may be renewed for additional ten (10) year periods. A renewal fee of fifty dollars ($50.00) shall accompan…

Assignment. Any trade name registered under this act is assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed and shall be recorded with the secretary of state upon payment of twenty-five dollar…

Cancellation. (a) The secretary of state shall cancel from the registration record: (i) Any registration upon request for cancellation from the registrant or the assignee of record and upon payment of a fee of ten dollars ($10.00) to the secretary of state to be credited to the g…

Fraudulent registration. Any person who procures the registration of any trade name in the office of the secretary of state under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudul…

Common-law rights. This act 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.

Powers. The secretary of state has the power reasonably necessary to perform the duties required of him by this chapter. The secretary of state shall promulgate reasonable forms, rules and regulations necessary to carry out the purposes of this chapter.

Refusal to file documents. If the secretary of state refuses to file a document submitted for filing under this act, the secretary of state shall return it to the filing party or representative within fifteen (15) days after the document was delivered, together with a brief, writ…

Short title. This act may be cited as the "Wyoming Multilevel and Pyramid Distributorship Act."

Definitions. (a) As used in this act: (i) "Multilevel distribution companies" means any person, firm, corporation or other business entity which sells, distributes or supplies for a valuable consideration, goods or services through independent agents, contractors or distributors,…

Endless chains and referral sales prohibited. No person may contrive, prepare, set up, propose or operate an endless chain or referral sale.

Prohibitions and requirements. Every multilevel distribution company shall provide in its contract of participation that the contract may be cancelled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the partici…

Restrictions on marketing programs. (a) No multilevel distribution company, nor any participant, shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the multile…

Additional restrictions in marketing programs. (a) No multilevel distribution company or participant in its marketing program shall: (i) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the partici…

Representations of prospective income restricted. Multilevel distribution companies shall not represent directly or by implication that participants in a multilevel marketing program will earn or receive any stated gross or net amount, or represent in any manner the past earnings…

Licensed activities excluded. Nothing in W.S. 40-3-101 through 40-3-125 shall apply to acts or practices permitted under the laws of this state or under rules, regulations or decisions interpreting the laws, or to any person who has procured a license as provided by W.S. 39-17-10…

Notice of activity and consent to service of process. Each multilevel distribution company numbering among its participants any resident of this state shall file with the state's attorney general a statement giving notice of this fact and designating the secretary of state of thi…

Secretary of state agent for service of process for violations. Any multilevel distribution company, which fails to comply with W.S. 40-3-109 is deemed to have thereby appointed the secretary of state its agent for service of process for any alleged violation of this act.

Investigatory powers. (a) If the attorney general has reason to believe that a person has engaged in activity which violates the provisions of this act, he shall make an investigation to determine if this act has been violated, and, to the extent necessary for this purpose, may a…

Service of process. (a) Service of any type of process authorized by this act shall be personal within this state, but if such personal service cannot be obtained, substituted service may be made in the following manner: (i) By service as provided by W.S. 40-3-109 and 40-3-110; (…

Venue of action for injunctive relief. An action under this act may be brought in the district court of the county in which the alleged violator resides or has his place of business or in the district court of Laramie county, Wyoming.

Injunctive relief against violations; remedy not exclusive. The attorney general may, whenever it appears to him that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, bring an…

Civil penalty for violating injunction. The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars ($5,000.00) per violation from any person who violates the terms of an injunction issued under W.S…

Acceptance of assurance of voluntary compliance authorized. In the enforcement of this act, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of this act from any person who has engaged in, is engaging…

Jurisdiction retained by court. The court shall retain jurisdiction in any case where an injunction is entered or a consent agreement is reached or an assurance of voluntary compliance is agreed upon.

Additional relief authorized; appointment of receiver. The court may make such additional orders or judgments as may be necessary to restore to any person in interest any monies or property, real or personal, which the court finds to have been acquired by means of any act or prac…