§78-87. Injunctions – Court orders.
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 advantage that otherwise would be derived from the misappropriation. B. In […]
§78-88. Damages.
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 actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that […]
§78-55. Exceptions.
A. This act does not apply to: 1. Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; 2. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast, or reproduce material […]
§78-23. Application for registration.
A. Subject to the limitations set forth in this title, any person who adopts and uses a trademark in this state may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that trademark setting forth, but not limited to, […]
§78-56. Collection of unwanted clothing via public receptacle for resale.
A. It shall be an unfair business practice for a for-profit entity or natural person to collect donations of unwanted clothing and household items via a public receptacle and resell the donated items for profit unless the donation receptacle prominently displays a disclosure label printed in bold letters at least one (1) inch high and […]
§78-24. Certificate of registration.
Upon compliance by the applicant with the requirements of this act, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the […]
§78-71. Short title.
This act shall be known and may be cited as the “American Indian Arts and Crafts Sales Act of 1974”. Laws 1974, c. 149, § 1, emerg. eff. May 3, 1974.
§78-25. Duration and renewal.
A. Registration of a trademark pursuant to the provisions of this title shall be effective for an initial term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the […]
§78-72. Purpose.
The purpose of the American Indian Arts and Crafts Sales Act of 1974 is to protect the public, under the police powers of the state, from false representation in the sale of authentic and imitation American Indian arts and crafts. Laws 1974, c. 149, § 2, emerg. eff. May 3, 1974.
§78-26. Assignment.
Any trademark and its registration shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. Assignment shall be by instruments in writing duly executed and may be recorded […]