Section 11-1605 – Civil Actions
(a) In addition to any action by the Division or Attorney General authorized by Title 13 of this article, a target may bring an action in an appropriate court to recover for injury or loss sustained as a result of a violation of this subtitle. (b) If a target prevails in an action brought under this subtitle […]
Section 11-1303 – Grantor’s Notification to Distributor; Requirements; Alteration of Terms; Compliance
(a) Except as provided in subsections (d) and (e) of this section, a grantor shall notify a distributor not less than 60 days before: (1) The proposed date of cancellation of an agreement that has not expired according to its terms; or (2) For agreements that contemplate renewal options exercisable by either party, the expiration date of an […]
Section 11-1603 – Prohibited Acts
(a) A person may not make an assertion of patent infringement against another in bad faith. (b) (1) A court may consider the following factors as evidence that a person has made an assertion of patent infringement in bad faith: (i) The demand letter sent by the person does not contain: 1. The alleged patent number; 2. The name and address […]
Section 11-1304 – Right of Repurchase; Time Requirements; Applicability Exceptions
(a) Except as provided in subsection (c) of this section, on cancellation or nonrenewal of an agreement by a grantor for any reason, including a distributor’s failure to cure under § 11-1305 of this subtitle, the grantor shall have the right to, and must at the option of the distributor, repurchase all merchandise sold by the […]
Section 11-1604 – Authority of Attorney General and Division
The Attorney General and the Division shall have the same authority under this subtitle to adopt regulations, conduct investigations, and bring civil and criminal actions as provided in Title 13 of this article.
Section 11-1305 – Deficiencies in Notice; Plan for Correction; Cure
(a) If the grantor identified deficiencies on the part of the distributor in the notice under § 11-1303(b)(2)(ii) of this subtitle and if a distributor opposes the cancellation or nonrenewal of an agreement, the distributor shall be permitted to attempt to resolve its differences with the grantor by: (1) Within 30 days after the receipt of the […]
Section 11-1306 – Arbitration
If a dispute arises between the grantor and the distributor relating to the application of this subtitle, the requirements of § 11-1302.1 of this subtitle, the notice of cancellation or nonrenewal, the plan for the correction of the deficiencies described by the grantor as the reasons for cancellation or nonrenewal, whether or not the distributor […]
Section 11-1307 – Applicability of State Law to Certain Distributorship Agreements; Legal and Equitable Remedies
(a) The laws of the State shall apply to agreements under this subtitle to which a distributor with a principal place of business in the State is a party. This subtitle shall be construed to provide the minimum terms and conditions applicable to grantors and distributors covered by this subtitle. (b) This subtitle does not limit or […]
Section 11-1401 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Area” means a circular geographic region having a 25-mile radius surrounding each business location of a proprietor. (c) “Copyright owner” means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to […]
Section 11-1402 – Contract Between Performing Rights Society and Proprietor for Payment of Royalties — in General
(a) (1) A performing rights society may not enter into or execute a contract for the payment of royalties by a proprietor unless, no later than 72 hours prior to the execution of the contract, the performing rights society provides to the proprietor, in writing, the following: (i) A schedule of the rates and terms of royalties under […]