Conn. Gen. Stat. § 35-30 — Connecticut Code / Title 35 / Chapter 624 / Section 35-30
Sec. 35-30. Application of chapter.
Status: in_force

Cited. 169 C. 344.

Cited. 33 CS 220.
Conn. Gen. Stat. § 35-11f — Connecticut Code / Title 35 / Chapter 621a / Section 35-11f
Sec. 35-11f. Assignment of mark and registration. Change of name. Recording of other instruments.
Status: in_force

(b) Any registrant or applicant effecting a change of the name of the person to whom the registration was issued or by whom an application was filed may record a certificate of change of name of registrant or applicant with the Secretary of the State upon the payment of the recording fee of fifty dollars for each registration identified by the registrant or applicant.

(c) The Secretary of the State shall issue in the new name of the registrant or applicant, or the assignee, a new certificate for the remainder of the term of the registration or last renewal thereof.

(d) Other instruments which relate to a mark registered or application pending pursuant to this chapter including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the Secretary of the State, provided such instrument is in writing and duly executed. A grant of a security interest shall be by instrument in writing duly executed. Such other instruments shall be recorded by the Secretary of the State upon the payment of the recording fee of fifty dollars for each registration identified in the instrument.

(e) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of the State, the record shall be prima facie evidence of execution.

(f) A photocopy of any instrument referred to in subsection (a), (b), (c) or (d) of this section shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.

(g) The Secretary of the State shall keep for public examination a record of all documents recorded pursuant to this section.
Conn. Gen. Stat. § 35-42 — Connecticut Code / Title 35 / Chapter 624 / Section 35-42
Sec. 35-42. Investigation of alleged violation. Issuance of subpoenas and written interrogatories. Enforcement of compliance. Cooperation. Service. Confidential material.
Status: in_force

(b) Such demand shall (1) state the nature of the alleged violation, (2) describe the class or classes of documentary material to be reproduced thereunder with such definiteness and certainty as to be accurately identified, and (3) prescribe a date which would allow a reasonable time to assemble such documentary material for compliance.

(c) (1) All documentary material furnished to the Attorney General, the Attorney General's deputy or any assistant attorney general designated by the Attorney General, pursuant to a demand issued under subsection (a) of this section, shall be held in the custody of the Attorney General, or the Attorney General's designee, and shall not be available to the public. Such documentary material shall be returned to the person furnishing such documentary material, or, if such person furnishes such documentary material in an electronic format, erased, upon the termination of the Attorney General's investigation or final determination of any action or proceeding commenced thereunder.

(2) All documentary material or other information furnished voluntarily to the Attorney General, the Attorney General's deputy or any assistant attorney general designated by the Attorney General, for suspected violations of the provisions of this chapter, and the identity of the person furnishing such documentary material or other information, shall be held in the custody of the Attorney General, or the Attorney General's designee, and shall not be available to the public. Such documentary material or other information shall be returned to the person furnishing such documentary material or other information, or, if such person furnishes such documentary material or other information in an electronic format, erased, upon the termination of the Attorney General's investigation or final determination of any action or proceeding commenced thereunder.

(d) No such demand shall require the submission of any documentary material, the contents of which would be privileged, or precluded from disclosure if demanded in a grand jury investigation.

(e) The Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General, may during the course of an investigation of any violations of the provisions of this chapter by any person (1) issue in writing and cause to be served upon any person, by subpoena, a demand that such person appear before him or her and give testimony as to any matters relevant to the scope of the alleged violations. Such appearance shall be under oath and a written transcript made of the same, a copy of which shall be furnished to such person appearing, and shall not be available for public disclosure; and (2) issue written interrogatories prescribing a return date which would allow a reasonable time to respond, which responses shall be under oath and shall not be available for public disclosure.

(f) In the event any person fails to comply with the provisions of this section, (1) the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General, may apply to the superior court for the judicial district of Hartford for compliance, which court may, upon notice to such person, issue an order requiring such compliance, which shall be served upon such person; (2) the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General, may also apply to the superior court for the judicial district of Hartford for an order, which court may, after notice to such person and hearing thereon, issue an order requiring the payment of civil penalties to the state in an amount not to exceed two thousand dollars.

(g) The Attorney General shall cooperate with officials of the federal government and the several states, including but not limited to the sharing and disclosure of information and evidence obtained under the purview of this chapter.

(h) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition and written interrogatories, as provided in this section, may be made by: (1) Personal service or service at the usual place of abode; or (2) registered or certified mail, return receipt requested, a duly executed copy thereof addressed to the person to be served at such person's principal place of business in this state, or, if such person has no principal place of business in this state, at such person's principal office or such person's residence.

(i) Notwithstanding the prohibition against public disclosure of documentary material and other information provided in subsections (c) and (e) of this section, any confidential material may be used by the Attorney General, or the Attorney General's designee, in connection with the taking of oral testimony conducted pursuant to this section, when the Attorney General, or the Attorney General's designee, reasonably determines that it is necessary to disclose such confidential material to a person providing oral testimony in order to adduce evidence of a suspected violation of a provision of this chapter and reasonably believes that the person providing oral testimony: (1) Is an author or recipient of the confidential material, (2) has read the confidential material, or (3) is otherwise aware of the substance of the confidential material. The permissible use of confidential material in connection with the taking of oral testimony provided under this subsection shall not apply to investigations of proposed mergers or acquisitions. No copy or original of the confidential material described or shown to a person providing oral testimony pursuant to this section shall be retained by such person. For purposes of this subsection, “confidential material” means documentary material, responses to interrogatories or written transcripts of oral testimony, or copies thereof, or other information produced pursuant to a demand made under this section or furnished voluntarily.

Cited. 169 C. 344. Not proper for court to make determination as to substantive applicability of antitrust act upon application for order of compliance with subpoena under section. 179 C. 324. Cited. 190 C. 510; 212 C. 661. Future court is not bound by trial court's rejection of plaintiff's interpretation of confidentiality provisions of section, as decision was interlocutory. 288 C. 646. Section bars disclosure of material and information gathered in antitrust investigation under section to all persons outside Attorney General's office, with the exception of officials of other states and the federal government, provided Attorney General first obtains agreements from such officials that they will abide by the same confidentiality restrictions to which Attorney General is subject. 297 C. 710.

Subpoena duces tecum: Issuance equals reasonable belief of violation, not criminal in nature, not to be fishing expedition, evidence produced by, confidential. 30 CS 87. Constitutionality upheld. 32 CS 198.
Conn. Gen. Stat. § 35-37 — Connecticut Code / Title 35 / Chapter 624 / Section 35-37
Sec. 35-37. Copies of complaints to Attorney General.
Status: in_force

Cited. 169 C. 344; 195 C. 399.

Cited. 33 CS 219.
Conn. Gen. Stat. § 35-35 — Connecticut Code / Title 35 / Chapter 624 / Section 35-35
Sec. 35-35. Treble damages for injury to business or property.
Status: in_force

Cited. 169 C. 344; 184 C. 285; 195 C. 18; 235 C. 1. Plaintiff cannot recover from software manufacturer when plaintiff did not purchase software directly from the manufacturer but rather from a retailer. 260 C. 59.

Cited. 10 CA 22.

Cited. 30 CS 87; 33 CS 221.
Conn. Gen. Stat. § 35-1d — Connecticut Code / Title 35 / Chapter 620 / Section 35-1d
Sec. 35-1d. Trade name certificates. Exceptions to when required. Penalty. Unfair or deceptive trade practice.
Status: in_force

(b) A trade name certificate shall not be required for any domestic or foreign limited partnership, limited liability partnership, limited liability company, corporation or statutory trust registered with the Secretary of the State pursuant to title 33 or 34, as applicable, provided such entity transacts business under the name stated in its formation or registration document, as applicable, filed with the Secretary of the State.

(c) Nothing in sections 35-1a to 35-1e , inclusive, shall require any town clerk to determine that the trade name that is the subject of a trade name certificate issued pursuant to section 35-1a or 35-1b is unique in the town of filing or in any other town in the state.

(d) Any person transacting business in violation of the provisions of sections 35-1a to 35-1e , inclusive, shall be fined not more than five hundred dollars, imprisoned not more than one year, or both. Failure to comply with the provisions of sections 35-1a to 35-1e , inclusive, shall be deemed to be an unfair or deceptive trade practice under subsection (a) of section 42-110b .
Conn. Gen. Stat. § 35-18h — Connecticut Code / Title 35 / Chapter 622a / Section 35-18h
Sec. 35-18h. Illegal use of mark. Remedies.
Status: in_force

(b) Any registrant of a mark registered under this chapter may proceed by suit to enjoin the wrongful manufacture, use, display or sale of any reproduction, counterfeit or imitation thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from, or all damages suffered by reason of, such wrongful manufacture, use, display or sale, or both such profits and damages; and such court may also order that any such reproduction, counterfeit or imitation in the possession or under the control of any defendant be delivered to an officer of the court to be destroyed, or to the complainant. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and a reasonable attorney's fee of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.

(c) In all cases where the registrant is an association, union or other organization which is not incorporated, an action under this section may be commenced and prosecuted by any officer or member of such association, union or other organization, on behalf of such association, union or other organization.

See Sec. 53-347a (c) re penalties for illegal use of mark.
Conn. Gen. Stat. § 35-52 — Connecticut Code / Title 35 / Chapter 625 / Section 35-52
Sec. 35-52. Injunctive relief.
Status: in_force

(b) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Conn. Gen. Stat. § 35-29 — Connecticut Code / Title 35 / Chapter 624 / Section 35-29
Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly.
Status: in_force

Cited. 169 C. 344. Declaration of covenants and restrictions unlawful per se if either (1) party has sufficient economic power in the tying product or (2) a not insubstantial amount of commerce is effected; court thus adopted Clayton Act test in determining if violation of statute occurred. 181 C. 655, overruled, see 335 C. 174. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.

An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.

Cited. 33 CS 219.
Conn. Gen. Stat. § 35-26 — Connecticut Code / Title 35 / Chapter 624 / Section 35-26
Sec. 35-26. Restraint of trade or commerce unlawful.
Status: in_force

Cited. 169 C. 344. Statute applies to contract entered into prior to effective date of statute if contract continues in existence thereafter. 177 C. 218. Cited. 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 241 C. 24. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Section is substantially identical to federal Sherman Act, 15 USC 1, and applies to contracts, combinations or conspiracies in restraint of trade or commerce. 303 C. 205. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. Id., 402.

An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.

Cited. 35 CS 136.
Conn. Gen. Stat. § 35-44 — Connecticut Code / Title 35 / Chapter 624 / Section 35-44
Sec. 35-44. Actions and proceedings to be in accordance with civil actions statutes.
Status: in_force

Cited. 169 C. 344; 235 C. 1.

Cited. 30 CS 87.
Conn. Gen. Stat. § 35-1e — Connecticut Code / Title 35 / Chapter 620 / Section 35-1e
Sec. 35-1e. Prohibition on use of assumed or fictitious name that includes name of municipality in printed advertisement. Unfair or deceptive trade practice. Exceptions.
Status: in_force

(b) The provisions of this section shall not apply to the use of (1) any trademark or service mark registered under the laws of this state or under federal law, (2) any name that, when applied to the goods or services of such person's business, is merely descriptive of them, or (3) any name that is merely a surname.

(c) Nothing in this section shall be construed to impose any liability on any publisher that relies on the written assurances of a person placing such printed advertisement that such person has authority to use any such assumed or fictitious name.
Conn. Gen. Stat. § 35-33 — Connecticut Code / Title 35 / Chapter 624 / Section 35-33
Sec. 35-33. Superior Court jurisdiction.
Status: in_force

Cited. 169 C. 344; 184 C. 285.

Cited. 30 CS 87.
Conn. Gen. Stat. § 35-18a — Connecticut Code / Title 35 / Chapter 622a / Section 35-18a
Sec. 35-18a. Definitions.
Status: in_force

(1) The term “collective mark” means a trademark or service mark used by the members of a cooperative, an association or other collective group or organization and includes marks used to indicate membership in a union, an association or other organization.

(2) The term “certification mark” means a mark used upon or in connection with the products or services of one or more persons other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

(3) The term “mark” means any word, name, symbol or device, or any combination thereof used to identify and includes any certification mark or collective mark entitled to registration under this chapter whether registered or not.

(4) The term “person” means any individual, firm, partnership, corporation, limited liability company, association, union, governmental body or agency or other organization.

(5) The term “applicant” includes the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person.

(6) The term “registrant” includes the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person.

(7) The term “use” means the bona fide use of a mark in the ordinary course of business activity and not made merely to reserve a right in a mark. For the purposes of this chapter, a certification mark shall be deemed to be in use in commerce (A) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods make such placement impracticable, then on documents associated with the goods or their sale, and such goods are sold or otherwise distributed in this state, and (B) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

(8) A collective mark is deemed used in this state when used in public or in commerce in the state by one or more members.

(9) A mark shall be deemed to be abandoned (A) when its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie abandonment; (B) when any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its significance as an indication of the registrant and persons belonging to or affiliated with the registrant, or operating in accordance with conditions prescribed by the registrant.
Conn. Gen. Stat. § 35-11c — Connecticut Code / Title 35 / Chapter 621a / Section 35-11c
Sec. 35-11c. Application for registration.
Status: in_force

(b) The application shall be signed subject to the penalties for false statement by the applicant or by a member of the firm or an officer of the corporation or association applying.

(c) The application shall be accompanied by three specimens or photographs showing the mark as actually used in commerce in this state.

(d) The application shall be accompanied by a fee of fifty dollars, payable to the Secretary of the State, which fee shall not be refundable.
Conn. Gen. Stat. § 35-45 — Connecticut Code / Title 35 / Chapter 624 / Section 35-45
Sec. 35-45. Price discrimination prohibited in commercial transactions. Rebuttal of prima-facie case.
Status: in_force

(b) Upon proof being made, at any hearing on a complaint under subsection (a) of this section, that there has been discrimination in price, the burden of rebutting the prima-facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, an order terminating the discrimination may be issued; provided nothing herein contained shall prevent a seller rebutting the prima-facie case thus made by showing that his lower price to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor.
Conn. Gen. Stat. § 35-18f — Connecticut Code / Title 35 / Chapter 622a / Section 35-18f
Sec. 35-18f. Assignment of mark and registration. Change of name. Recording of other instruments.
Status: in_force

(b) Any registrant or applicant effecting a change of the name of the person to whom the registration was issued or by whom an application was filed may record a certificate of change of name of the registrant or applicant with the Secretary of the State upon the payment of the recording fee of twenty-five dollars for each registration.

(c) Other instruments which relate to a mark registered or application pending pursuant to this chapter including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the Secretary of the State, provided such instrument is in writing and duly executed. A grant of a security interest shall be by instrument in writing duly executed. Such other instruments shall be recorded by the Secretary of the State upon the payment of the recording fee of twenty-five dollars.

(d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of the State, the record shall be prima facie evidence of execution.

(e) A photocopy of any instrument referred to in subsection (a), (b), (c) or (d) of this section shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.

(f) The Secretary of the State shall keep for public examination a record of all documents recorded pursuant to this section.
Conn. Gen. Stat. § 35-11a — Connecticut Code / Title 35 / Chapter 621a / Section 35-11a
Sec. 35-11a. Definitions.
Status: in_force

(1) The term “trademark” means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those goods made or sold by others, and to indicate the source of the goods, even if that source is unknown.

(2) The term “service mark” means any word, name, symbol or device or any combination thereof used by a person to identify the services of one person, including a unique service, to distinguish them from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

(3) The term “mark” includes any trademark or service mark entitled to registration under this chapter whether registered or not.

(4) The term “trade name” includes words and names lawfully adopted and used by any person engaged in any business, trade, occupation or vocation to identify such business, trade, occupation or vocation whether or not registered, filed or recorded under any law of the state of Connecticut, or of any other state, or of the United States.

(5) The term “person” means any individual, firm, partnership, corporation, limited liability company, association, union, governmental body or agency or other organization capable of suing or being sued in a court of law.

(6) The term “applicant” embraces the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person.

(7) The term “registrant” embraces the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person.

(8) The term “use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use (A) on goods when it is placed in any manner on the goods or their containers, or the displays associated therewith, or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and such goods are sold or otherwise distributed in this state, and (B) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

(9) A mark shall be deemed to be “abandoned” (A) when its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment; (B) when any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its significance as an indication of origin.

(10) The term “related company” means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.

(11) The term “dilution” means the lessening of the capacity of the registrant's mark to identify and distinguish goods or services, through use of the mark by another person, regardless of the presence or absence of (A) competition between the users of the mark, or (B) likelihood of confusion, mistake or deception arising from that use.

Cited. 180 C. 720.
Conn. Gen. Stat. § 35-11e — Connecticut Code / Title 35 / Chapter 621a / Section 35-11e
Sec. 35-11e. Certificate of registration. Effective period. Renewal; fee. Record.
Status: in_force

(b) (1) Registration of a mark under this chapter shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the Secretary of the State, the registration may be renewed for a like term from the end of the expiring term. A fee for the application for renewal of one hundred dollars, payable to the Secretary of the State, shall accompany the application for renewal of the registration. A registration of a mark may be renewed for successive periods of five years in like manner. (2) Any registration in force on October 1, 1993, shall expire ten years from the date of the registration or of the last renewal thereof and may be renewed for periods of five years each by filing a renewal application with the Secretary of the State as provided in subdivision (1) of this subsection.

(c) All applications for renewal under this section shall include a verified statement that the mark has been in use and is still in use in this state, and include three specimens showing actual use of the mark in commerce in the state upon or in connection with the goods or services.

(d) The Secretary of the State shall keep for public examination a record of all marks registered or renewed under this chapter.
Conn. Gen. Stat. § 35-24 — Connecticut Code / Title 35 / Chapter 624 / Section 35-24
Sec. 35-24. Short title: Connecticut Antitrust Act.
Status: in_force

Cited. 169 C. 344.

Cited. 33 CS 216; 35 CS 136.
Conn. Gen. Stat. § 35-25 — Connecticut Code / Title 35 / Chapter 624 / Section 35-25
Sec. 35-25. Definitions.
Status: in_force

(a) “Commodity” means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale;

(b) “Person” means any individual, proprietorship, corporation, limited liability company, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;

(c) “Trade or commerce” means intrastate as well as interstate trade or commerce.

Cited. 169 C. 344; 184 C. 285; 212 C. 661.

Cited. 43 CA 801.
Conn. Gen. Stat. § 35-44b — Connecticut Code / Title 35 / Chapter 624 / Section 35-44b
Sec. 35-44b. Judicial construction of Connecticut Antitrust Act.
Status: in_force

Cited. 235 C. 1. Sec. 35-35 must be interpreted consistently with relevant provisions of federal case law. 260 C. 59. This section does not deprive the state of standing to pursue a parens patriae action for antitrust damages to its general economy pursuant to Sec. 35-32(c)(2) because this section does not incorporate the federal preclusion of general economy damages into the state antitrust scheme. 286 C. 454. To have standing to bring a claim under the antitrust act, a plaintiff must adequately plead both that it has suffered an antitrust injury and that it is an efficient enforcer of the antitrust act, thus a claim that a plaintiff has failed to allege an antitrust injury or that it has failed to allege that it is an efficient enforcer of the antitrust laws implicates the trial court's subject matter jurisdiction and should be raised by way of a motion to dismiss. 333 C. 672.
Conn. Gen. Stat. § 35-32a — Connecticut Code / Title 35 / Chapter 624 / Section 35-32a
Sec. 35-32a. Funds received by state re antitrust actions deposited in General Fund.
Status: in_force

(b) Any balance remaining in the Antitrust Revolving Fund in the custody of the State Treasurer on July 1, 1985, shall be transferred to the General Fund.
Conn. Gen. Stat. § 35-51 — Connecticut Code / Title 35 / Chapter 625 / Section 35-51
Sec. 35-51. Definitions.
Status: in_force

(a) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy, or espionage through electronic or other means, including searching through trash.

(b) “Misappropriation” means: (1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclosure or use of a trade secret of another without express or implied consent by a person who (A) used improper means to acquire knowledge of the trade secret; or (B) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was (i) derived from or through a person who had utilized improper means to acquire it; (ii) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, including but not limited to disclosures made under section 1-210 , sections 31-40j to 31-40p , inclusive, or subsection (c) of section 12-62 ; or (iii) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (C) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(c) “Person” means a natural person, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(d) Notwithstanding the provisions of sections 1-210 , 31-40j to 31-40p , inclusive, and subsection (c) of section 12-62 , “trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, process, drawing, cost data or customer list that: (1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Defendant's knowledge of the trade secret is an element of misappropriation claim under Subsec. (b)(2)(B)(iii) and defendant cannot “use” the trade secret for purposes of the statute if defendant does not have knowledge of the trade secret itself. 349 C. 513.

Subsec. (d):

Plaintiffs met secrecy requirement of Subdiv. (2); trial court did not err in finding that plaintiff had a trade secret as defined therein. 251 C. 59. Not all components of a secret business plan are necessarily trade secrets; plaintiff corporation's plan to use open chest surgery products to generate cash in a declining market was an element of plaintiff's future business strategy and defendant's disclosure of plan constituted misappropriation of trade secret; employee seeking to purchase a publicly traded corporation is not competing with the shareholder owners of trade secret and does not seek to deprive them of right to profit from their investments. 282 C. 209.

There were insufficient facts that certain exhibits were trade secrets that should be sealed, and certain other exhibits contained information already in the public domain and should not have been sealed. 120 CA 837.
Conn. Gen. Stat. § 35-1a — Connecticut Code / Title 35 / Chapter 620 / Section 35-1a
Sec. 35-1a. Transacting business under assumed or fictitious name prohibited. Application for and issuance of trade name certificate.
Status: in_force

(b) An application for a trade name certificate shall be filed on a form prescribed by the Secretary of the State in the office of the town clerk in the town in which such business is, or will be, principally transacted.

(1) An application filed by a natural person or a group of natural persons shall provide: (A) The name under which such business is, or will be, transacted, (B) the physical address of the business located in the town of filing, (C) the valid electronic mail address of the business, and (D) the full name, physical address and valid electronic mail address of each person transacting such business.

(2) For the purposes of this section, “business organization” means any corporation, limited partnership, limited liability partnership or limited liability company on record with the Secretary of the State. An application filed by a business organization shall provide: (A) The name under which such business is, or will be, transacted, (B) the business identification number for the business organization provided by the Secretary of the State, (C) the name of the corporation, limited partnership, limited liability partnership or limited liability company on file with the Secretary of the State, (D) the principal business address of the business organization on file with the Secretary of the State, and (E) the electronic mail address of the business organization.

(c) An application for a trade name certificate shall be executed by each natural person filing such application or, in the case of a business organization, by an authorized officer of such business organization and acknowledged before an authority qualified to administer oaths. The filing fee for the trade name application shall be in accordance with section 7-34a .

(d) A town clerk shall issue a trade name certificate upon acceptance of a trade name application filed in accordance with this section or section 35-1b . Such certificate shall be valid for a period of five years from the date of issuance.

(e) All trade name certificates issued prior to January 1, 2025, shall expire on December 31, 2029, unless renewed in accordance with this act. A trade name in existence prior to January 1, 2025, may be renewed at any time during such five-year period and the renewed trade name shall be valid for five years from the date such renewal is accepted by the town clerk.
Conn. Gen. Stat. § 35-46a — Connecticut Code / Title 35 / Chapter 624 / Section 35-46a
Sec. 35-46a. Assertion and proof of certain defenses.
Status: in_force

(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and

(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution that paid the alleged overcharge.
Conn. Gen. Stat. § 35-27 — Connecticut Code / Title 35 / Chapter 624 / Section 35-27
Sec. 35-27. Monopolization or attempt to monopolize unlawful.
Status: in_force

Cited. 169 C. 344; 180 C. 680; 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 235 C. 11.

An initial contract might not violate the antitrust laws at the time of its formation but arguably could become violative of those same laws when one of the contracting parties later gains unlawful dominance and control over a market as a result of a series of contracts or acquisitions. 104 CA 685.

Cited. 33 CS 220; 35 CS 136.
Conn. Gen. Stat. § 35-18d — Connecticut Code / Title 35 / Chapter 622a / Section 35-18d
Sec. 35-18d. Examination and amendment of application. Disclaimer. Refusal of registration.
Status: in_force

(b) The applicant shall provide any additional pertinent information requested by the Secretary of the State including a description of a design mark, and the applicant may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.

(c) The Secretary of the State may require the applicant to disclaim an unregistrable component of a mark otherwise registrable, and applicant may voluntarily disclaim a component of a mark sought to be registered.

(d) No disclaimer shall prejudice or affect the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.

(e) If the applicant is found not to be entitled to registration, the Secretary of the State shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the Secretary of the State in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the Secretary of the State finally refuses registration of the mark or (2) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(f) If the Secretary of the State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the Secretary of the State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
Conn. Gen. Stat. § 35-32 — Connecticut Code / Title 35 / Chapter 624 / Section 35-32
Sec. 35-32. Attorney General to bring actions in the name of state or as parens patriae.
Status: in_force

(b) The Attorney General may also, in his discretion, intervene and appear in any proceeding pending before any court, agency, board, or commission in this state in which matters related to this chapter are in issue.

(c) The Attorney General may also, in enforcing the provisions of this chapter, bring an action in the name of the state as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.

(d) The Attorney General may also bring a civil action in the name of the state in the district courts of the United States under the federal antitrust laws to recover damages and secure such other relief as provided for in such laws as (1) parens patriae for persons residing in the state with respect to damages sustained by such persons, or, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in the state who have been damaged; or (2) parens patriae with respect to damages to the general economy of the state or any political subdivision thereof; provided that such damages shall not be duplicative of those recoverable under subdivision (1) of this subsection.

Cited. 169 C. 344; 177 C. 218; 179 C. 324; 184 C. 285; 212 C. 661.

Subsec. (c):

Subdiv. (2) affords the state standing to pursue a parens patriae claim for damages to its general economy caused by violations of the Connecticut Antitrust Act. 286 C. 454.
Conn. Gen. Stat. § 35-11d — Connecticut Code / Title 35 / Chapter 621a / Section 35-11d
Sec. 35-11d. Examination and amendment of application. Disclaimer. Refusal of registration. Concurrent applications.
Status: in_force

(b) The applicant shall provide any additional pertinent information requested by the Secretary of the State including a description of a design mark, and the applicant may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.

(c) The Secretary of the State may require the applicant to disclaim an unregistered component of a mark otherwise registrable, and an applicant may voluntarily disclaim a component of a mark sought to be registered.

(d) No disclaimer shall prejudice or affect the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.

(e) If the applicant is found not to be entitled to registration, the Secretary of the State shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the Secretary of the State in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the Secretary of the State finally refuses registration of the mark or (2) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(f) If the Secretary of the State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the Secretary of the State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.

(g) In the instance of concurrent applications for registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of the State shall grant the registration to the applicant alleging the first date of use in the application for registration and reject the other application or applications. If any rejected applicant considers that he has prior or superior rights to the mark, he may bring an action for cancellation of the registration.
Conn. Gen. Stat. § 35-57 — Connecticut Code / Title 35 / Chapter 625 / Section 35-57
Sec. 35-57. Provisions of chapter supersede conflicting law re civil liability. Limitation.
Status: in_force

(b) This chapter does not affect: (1) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; (2) criminal liability for misappropriation of a trade secret; or (3) the duty of any person or state or municipal agency to disclose information pursuant to section 1-210 , sections 31-40j to 31-40p , inclusive, or subsection (c) of section 12-62 , or wherever expressly provided by law.

CUTSA preempts noncontractual civil claims against a former employee based on the acquisition, disclosure, or use of confidential information that does not rise to the level of a trade secret; in the absence of evidence that alleged conspirator possessed actual or constructive knowledge of the trade secret, CUTSA, which specifies that only those who have such knowledge be held liable for misappropriation, preempts common law claims involving the theft of trade secrets that dispense with that requirement. 349 C. 513.
Conn. Gen. Stat. § 35-18c — Connecticut Code / Title 35 / Chapter 622a / Section 35-18c
Sec. 35-18c. Application for registration.
Status: in_force

(b) The application shall be signed subject to the penalties for false statement by the applicant or by a member of the firm or an officer of the corporation or association applying.

(c) The application shall be accompanied by three specimens or photographs showing the mark as actually used in commerce in this state.

(d) The application for registration shall be accompanied by a filing fee of fifty dollars, payable to the Secretary of the State, which fee shall not be refundable.
Conn. Gen. Stat. § 35-11i — Connecticut Code / Title 35 / Chapter 621a / Section 35-11i
Sec. 35-11i. Illegal use of mark. Remedies.
Status: in_force

(b) Any registrant of a mark registered under this chapter may proceed by suit to enjoin the wrongful manufacture, use, display or sale of any reproduction, counterfeit or imitation thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from, or all damages suffered by reason of, such wrongful manufacture, use, display or sale or both such profits and damages; and such court may also order that any such reproduction, counterfeit or imitation in the possession or under the control of any defendant be delivered to an officer of the court to be destroyed, or to the complainant. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and a reasonable attorney's fee of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.

(c) The registrant 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 registrant's mark becomes famous, which causes dilution of the distinctive quality of the registrant's mark, and to obtain such other relief as is provided in this subsection. In determining whether a mark is famous, a court may consider factors including, but not limited to the following: (1) The degree of inherent or acquired distinctiveness of the mark in this state; (2) the duration and extent of use of the mark in connection with the goods and services; (3) the duration and extent of advertising and publicity of the mark in this state; (4) the geographical extent of the trading area in which the mark is used; (5) the channels of trade for the goods or services with which the registrant's mark is used; (6) the degree of recognition of the registrant's mark in its and in the other's trading areas and channels of trade in this state; and (7) the nature and extent of use of the same or similar mark by third parties. The registrant shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user wilfully intended to trade on the registrant's reputation or to cause dilution of the registrant's mark. If such wilful intent is proven, the registrant shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

Cited. 173 C. 261.

Held not applicable in action for injunction against use of similar name by new business firm. 27 CS 200. Approximation of FM radio station's assigned frequency does not constitute a service mark. 35 CS 1.
Conn. Gen. Stat. § 35-34 — Connecticut Code / Title 35 / Chapter 624 / Section 35-34
Sec. 35-34. Injunctive relief.
Status: in_force

Cited. 169 C. 344; 177 C. 304; 195 C. 18; 204 C. 17.

Cited. 31 CS 110; 33 CS 221.
Conn. Gen. Stat. § 35-53 — Connecticut Code / Title 35 / Chapter 625 / Section 35-53
Sec. 35-53. Damages. Punitive damages for wilful and malicious misappropriation.
Status: in_force

(b) In any action brought pursuant to subsection (a) of this section, if the court finds wilful and malicious misappropriation, the court may award punitive damages in an amount not exceeding twice any award made under subsection (a) and may award reasonable attorney's fees to the prevailing party.

Subsec. (b):

Trial court's finding of willful and malicious misappropriation was supported by the record and trial court did not abuse its discretion in awarding punitive damages and attorneys' fees. 251 C. 59. Trial court did not abuse its discretion in awarding $40,000 in punitive damages, inasmuch as award did not exceed twice the amount of the award of compensatory damages. 267 C. 456. Since defendant's attempted takeover of plaintiff employer was not intended to injure the shareholder owners of a trade secret and did not constitute a malicious violation of Uniform Trade Secrets Act, plaintiff was not entitled to punitive damages and attorneys fees. 282 C. 209.
Conn. Gen. Stat. § 35-18e — Connecticut Code / Title 35 / Chapter 622a / Section 35-18e
Sec. 35-18e. Certificate of registration. Effective period. Renewal; fee. Record of marks.
Status: in_force

(b) (1) Registration of a mark under this chapter shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the Secretary of the State, the registration may be renewed for a like term from the end of the expiring term. A fee for the application for renewal of fifty dollars, payable to the Secretary of the State, shall accompany the application for renewal of the registration. A registration of a mark may be renewed for successive periods of five years in like manner. (2) Any registration in force on October 1, 1993, shall expire five years from the date of the registration or of the last renewal thereof and may be renewed by filing an application with the Secretary of the State as provided in subdivision (1) of this subsection.

(c) All applications for renewal under this chapter shall include a verified statement that the mark has been in use and is still in use in this state, and include three specimens showing actual use of the mark in commerce in the state upon or in connection with the goods or services.

(d) The Secretary of the State shall keep for public examination a record of all marks registered or renewed under this chapter.
Conn. Gen. Stat. § 35-31 — Connecticut Code / Title 35 / Chapter 624 / Section 35-31
Sec. 35-31. Exceptions.
Status: in_force

(b) Nothing contained in this chapter shall apply to those activities of any person when said activity is specifically directed or required by a statute of this state, or of the United States.

(c) Nothing contained in this chapter shall be construed to prevent persons engaged in the production of agricultural products as farmers, planters, dairymen or growers from acting together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements to effect such purposes; provided, such associations are operated for the mutual benefit of the members thereof, as such producers, and conform to one or both of the following requirements: (i) That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own therein, or, (ii) that the association does not pay dividends on stock or membership capital in excess of eight per cent per annum, and, (iii) that the association shall not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members.

Cited. 179 C. 324.

Cited. 35 CS 136.

Subsec. (b):

Activities relative to interconnection of telephone devices, though regulated by state agencies, are not specifically directed or required by statute, and are therefore not immune from antitrust liability under Subsec. 169 C. 344. Cited. 181 C. 655, overruled, see 335 C. 174; 235 C. 1. Sec. 35-44b was inapplicable in present case concerning a state antitrust statute without federal parallel and did not require court to incorporate federal case law defining state action immunity into its construction of Subsec.; Subsec. has no parallel in federal antitrust statutes and its specific language, which provides qualified state action immunity for anticompetitive conduct that is specifically directed or required by statute, takes precedence over the general language of case law construing generalized provisions of federal statutes covering same subject matter; trial court improperly rendered summary judgment for defendants as there was a genuine issue of material fact as to existence of wholesale water market in southeastern Connecticut and defendants were not specifically directed or required by statute to engage in all of the anticompetitive activities and thus were not immune from antitrust liability under subsection. 273 C. 786. Given the city was acting in a proprietary rather than regulatory capacity when enforcing a project labor agreement in a pre-bid specification that required the successful bidder to perform all project work with union labor, the city was not entitled to qualified immunity for its anticompetitive conduct. 303 C. 402.
Conn. Gen. Stat. § 35-28 — Connecticut Code / Title 35 / Chapter 624 / Section 35-28
Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce.
Status: in_force

Cited. 169 C. 344. Trial court erred in finding restrictive covenant in shopping center lease “per se” illegal since “rule of reason” was appropriate standard to apply. 177 C. 218. Cited. 181 C. 655, overruled, see 335 C. 174; 184 C. 285; 192 C. 460; 195 C. 399. Exclusivity provisions between newspaper and syndicators did not constitute per se violations of antitrust statutes. 261 C. 673. Trial court incorrectly concluded that plaintiff nonunion contractor, as an unsuccessful bidder in a municipal bidding process, did not have standing to prosecute its claim against the city where city enforced a project labor agreement in the pre-bid specifications that required the successful bidder to perform all project work with union labor. 303 C. 402.

Cited. 31 CS 110; 33 CS 217. Covenant in shopping park lease prohibiting any other tenant from selling similar food within 400 feet of leased premises appears to violate Subdiv. (d), so temporary injunction enforcing covenant should not be issued. 34 CS 74. Cited. 35 CS 136.
Conn. Gen. Stat. § 35-38 — Connecticut Code / Title 35 / Chapter 624 / Section 35-38
Sec. 35-38. Civil penalties for violations.
Status: in_force

Cited. 169 C. 344.

When severability doctrine applied. 30 CS 87.
Conn. Gen. Stat. § 35-1c — Connecticut Code / Title 35 / Chapter 620 / Section 35-1c
Sec. 35-1c. Alphabetical index of trade name certificates. Electronic system for searching of trade name certificate information.
Status: in_force

(b) The Secretary of the State shall create an electronic system for town clerks to process applications for trade name certificates. Such system shall provide for state-wide public searching of trade name certificate information. Any town clerk utilizing such system shall be deemed to have complied with the indexing requirements in subsection (a) of this section. On and after January 1, 2026, the Secretary may require town clerks to utilize the electronic system described in this section.
Conn. Gen. Stat. § 35-1b — Connecticut Code / Title 35 / Chapter 620 / Section 35-1b
Sec. 35-1b. Renewal or cancellation of trade name certificate.
Status: in_force

(b) Any information contained on an original application for a trade name certificate or a renewal application may be amended by the filer at any time prior to the expiration of the trade name certificate and the fee for such amendment shall be in accordance with section 7-34a .

(c) A trade name certificate may be cancelled by the filer prior to the expiration date of the trade name certificate upon filing a cancellation of the trade name certificate with the town clerk of the town where the original application was filed, and the fee for such cancellation shall be in accordance with section 7-34a .