87-209. Trade name; not registered; when. A trade name shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage, bring into contempt or disrepute, or falsely suggest a connection with, persons living or dead, institutions, beliefs, or national symbols; (3) […]
87-210. Trade name; application for registration; requirements; Secretary of State. (1) Subject to the limitations set forth in sections 87-208 to 87-219.01, any person who adopts a trade name for use in this state may file in the office of the Secretary of State on a form furnished by the Secretary of State an application, […]
87-211. Trade name; registration; term effective; renewal; fee; statement. (1) Registration of a trade name under sections 87-208 to 87-219.01 shall be effective for a term of ten years from the date of registration and, upon application filed in duplicate within six months prior to the expiration of such term on a form to be […]
87-212. Trade name; assignment; recordation; fee. Any trade name registered under sections 87-208 to 87-219.01 shall be assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed, in duplicate, and may be recorded with the Secretary of State upon the payment […]
87-213. Secretary of State; record; public examination. The Secretary of State shall keep for public examination a record of all trade names registered or renewed under sections 87-208 to 87-219.01. Source Laws 1967, c. 628, § 6, p. 2102; Laws 1997, LB 453, § 11; Laws 2011, LB462, § 13.
87-214. Registration; Secretary of State; cancel; when. The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record; (2) Any registration granted under sections 87-208 to 87-219.01 and not renewed in accordance with […]
87-215. False representation or declaration; damages. Any person who, for himself or herself or on behalf of any other person, procures the registration of any trade name in the office of the Secretary of State under the provisions of sections 87-208 to 87-219.01, by knowingly making any false or fraudulent representation or declaration, verbally or […]
87-216. Action for misuse; when. Subject to section 87-218, any person shall be liable to a civil action by the registrant of the trade name for any or all of the remedies provided in section 87-217 if that person shall: (1) Use in connection with his or her business, without the consent of the registrant, […]
87-217. Injury to business; injunction; remedies; attorney’s fees. Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may […]
87-218. Trade name; enforcement of rights. Sections 87-208 to 87-219.01 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. Source Laws 1967, c. 628, § 11, p. 2104; Laws 1997, LB 453, § 16; Laws 2011, LB462, § […]
87-219. Trade name; publication; file; failure; effect. Every duplicate of the registration of a trade name shall be published by the applicant once in a newspaper of general circulation published in the city or village where the business is to be located, or, if there is no newspaper in the city or village, in some […]
87-219.01. Trade name; protest registration; procedure. (1) Within sixty days after the publication of a new registered trade name as provided in section 87-219, a person holding a valid registration of a trade name, corporate name, or limited liability company name may protest the registration of the new trade name. The protest shall be submitted […]
87-301. Terms, defined. For purposes of the Uniform Deceptive Trade Practices Act, unless the context otherwise requires: (1) Access software provider means a provider of software, including client or server software, or enabling tools that do any one or more of the following: (a) Filter, screen, allow, or disallow content; (b) pick, choose, analyze, or […]
87-302. Deceptive trade practices; enumerated. (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, he or she: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification […]
87-303. Deceptive trade practices; damages; injunction; costs; additional remedy. (a) A person likely to be damaged by a deceptive trade practice of another may bring an action for, and the court may grant, an injunction under the principles of equity against the person committing the deceptive trade practice. The court may order such additional equitable […]
87-303.01. Unconscionable act or practice; violation; determination. (1) An unconscionable act or practice by a supplier in connection with a consumer transaction shall be a violation of the Uniform Deceptive Trade Practices Act. (2) The unconscionability of an act or practice shall be a question of law for the court. If it is claimed or […]
87-303.02. Deceptive trade practice or unconscionable act; Attorney General; powers. When the Attorney General has cause to believe that any person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may: (a) Require such person to file a statement or report […]
87-303.03. Attorney General; additional powers. (1) The Attorney General, in addition to other powers conferred upon him or her by the Uniform Deceptive Trade Practices Act: (a) May issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such […]
87-303.04. Attorney General; order; failure or refusal to obey; court; powers. (1) If any person fails or refuses to obey any order of the Attorney General to file any statement or report, or to obey any subpoena issued by the Attorney General, pursuant to the Uniform Deceptive Trade Practices Act, the Attorney General may apply […]
87-303.05. Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof. (1) Whenever the Attorney General has cause to believe that a person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may apply […]
