reglab/housing_qa huggingface dataset:
MS Code § 75-25-23 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-23. Liability for infringement; limitations

 Subject to the provisions of Section 75-25-31 hereof, any person who shall:   Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter, in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or   Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 75-25-27 hereof, except that under paragraph (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
MS Code § 75-25-25 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-25. Owner of famous mark entitled to injunction against another's commercial use of the famous mark; "famous" defined; geographic limitations of injunctive relief; permitted uses of famous mark

 Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.   A mark is famous if it is widely recognized by the general consuming public of this state or a geographic area in this state as a designation of source of the goods or services of the mark's owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:    The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties;   The amount, volume, and geographic extent of sales of goods or services offered under the mark in this state;   The extent of actual recognition of the mark in this state; and   Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946, as amended.    In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.   The following shall not be actionable under this section:   Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:   Advertising or promotion that permits consumers to compare goods or services; or   Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;   Noncommercial use of the mark; and   All forms of news reporting and news commentary.
MS Code § 75-25-27 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-27. Remedies against counterfeits or imitations

 Any owner of a mark registered under this chapter 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 sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees 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.
MS Code § 75-25-29 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-29. Actions for cancellation

 Actions to require cancellation of a mark registered pursuant to this chapter or to appeal the secretary's refusal to register a mark pursuant to this chapter shall be brought in the First Judicial District of the Hinds County Chancery Court. In an appeal of the secretary's refusal to register a mark, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court and shall be given the right to intervene in the action.   In any action brought against a nonresident registrant, service may be effected by any means authorized by the Mississippi Rules of Civil Procedure.
MS Code § 75-25-31 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-31. Good faith acquisition of marks

 Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
MS Code § 75-25-33 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-33. Fees

 Fees required by this chapter shall be submitted to the secretary and shall not be refundable. The amount of such fees shall be as follows:   Resident Application $ 50.00 Nonresident Application $ 60.00 Resident Renewal $ 50.00 Nonresident Renewal $ 60.00 Assignment $ 50.00   Click to view
MS Code § 75-25-35 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-35. Severability

 If any provision of this chapter, or the application of such provision to any person or circumstances is held invalid, the remainder of this chapter shall not be affected thereby.
MS Code § 75-25-37 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 25 - Registration of Trademarks and Labels|§ 75-25-37. Legislative intent; construction

 The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this chapter.
MS Code § 75-26-1 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-1. Short title

 This chapter may be cited as the Mississippi Uniform Trade Secrets Act.
MS Code § 75-26-3 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-3. Definitions

 As used in this chapter, unless the context requires otherwise:   "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.   "Misappropriation" means:   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   Disclosure or use of a trade secret of another without express or implied consent by a person who:   1. Used improper means to acquire knowledge of the trade secret; or   2. At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:   a. Derived from or through a person who had utilized improper means to acquire it;   b. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or   c. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limits its use; or   3. Before a material change of his or her 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.   "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.   "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:   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   Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
MS Code § 75-26-5 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-5. Injunctive relief; protective orders

  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.   In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.   In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
MS Code § 75-26-7 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-7. Damages for misappropriation; liability for royalty

  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 is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.   If willful and malicious misappropriation exists, the court may award exemplary damages.
MS Code § 75-26-9 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-9. Attorney's fees

 If (a) a claim of misappropriation is made in bad faith, (b) a motion to terminate an injunction is made or resisted in bad faith or (c) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
MS Code § 75-26-11 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-11. Protection of trade secrets during action

 In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
MS Code § 75-26-13 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-13. Statute of limitations

 An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
MS Code § 75-26-15 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-15. Application of provisions to other laws, actions or proceedings

  Except as provided in subsection (2), this chapter displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.   This chapter does not affect:   Contractual remedies, whether or not based upon misappropriation of a trade secret;   Other civil remedies that are not based upon misappropriation of a trade secret; or   Criminal remedies, whether or not based upon misappropriation of a trade secret.
MS Code § 75-26-17 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-17. Construction of provisions

 This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
MS Code § 75-26-19 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 26 - Mississippi Uniform Trade Secrets Act|§ 75-26-19. Severability provisions

 If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
MS Code § 75-39-1 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-1. Definitions

 The term "baby chick" as used in this chapter means any domestic fowl under the age of six (6) weeks. The term "person" includes also firms and corporations.
MS Code § 75-39-3 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-3. Sale of baby chicks at auction; permit required

 Before any baby chicks are offered for sale at any auction or auction sale barn or community sale, except public sales conducted by farmers selling baby chicks raised on their own premises, a permit shall be granted to offer such baby chicks for sale by the livestock sanitary board or the state veterinarian.
MS Code § 75-39-5 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-5. Application for permit

 Any person who desires to offer baby chicks for sale at any auction or auction sale barn or community sale, shall apply for a permit so to do to the state veterinarian or the livestock sanitary board, on a form which shall be prescribed and furnished by the livestock sanitary board. The application shall be signed by the person who proposes to conduct such sale, together with the person who owns the property in or on which such sale is to be conducted, if the person who proposes to conduct such sales does not own such property. The application shall designate the date of the proposed sale, the number, breed, and variety of the chicks which are to be offered for sale and the person by whom they were produced, and shall be accompanied by a fee in the sum of fifteen dollars ($15.00) for each and every day or fraction thereof during or on which it is proposed to sell such baby chicks. The state livestock sanitary board or the state veterinarian are hereby authorized in its or his discretion to grant or to deny the permit requested in such application, and, if deemed necessary or advisable, to require the applicant to submit a certificate, in such form as the livestock sanitary board or the state veterinarian may prescribe, certifying that the baby chicks which are to be offered for sale are in a healthy condition and free from such diseases as the board or state veterinarian may designate.
MS Code § 75-39-7 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-7. Labeling of containers

 Before any such chicks are offered for sale or sold, each box, crate, coop or other container shall be plainly labeled with appropriate statements designating the kind and number of chicks in each such container, the date on which such chicks were hatched and by whom hatched, and any other representations made at or prior to the time of sale relative to the purity of the breed, the freedom of such chicks from disease and such tests as shall have been made on the parent stock for pullorum disease.
MS Code § 75-39-9 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-9. Report of sales

 Within three (3) days after the sale shall have been held, the person who conducted the sale shall send a statement to the livestock sanitary board giving a complete list of the number and kind of baby chicks sold at such sale, the name and address of each purchaser, together with a copy of the representations and guarantees made in relation thereto, if any were made by the person who conducted such sale, and the person conducting such sale shall be held to have had full knowledge of the representations and guarantees made at the time of such sale and shall be as fully responsible and liable for any such representations and guarantees as is the person who sets forth such representations and guarantees on the containers as provided in Section 75-39-7.
MS Code § 75-39-11 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-11. Regulations

 The state livestock sanitary board is hereby authorized to make such rules and regulations as may be necessary to administer the provisions of this chapter and to prevent the spread of disease among poultry.
MS Code § 75-39-13 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 39 - Sale of Baby Chicks|§ 75-39-13. Penalty for violation

 Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100.00).
MS Code § 75-41-1 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 41 - Gins|§ 75-41-1. Public ginner to mark all cotton baled by him with number and initials of owner and his own

 Every public ginner shall plainly mark or stamp upon each bale of cotton packed or baled by him, the number of the bale, his own initials, and the initials of the customer for whom the cotton is ginned and baled, and shall enter in a book or register the name of the customer, the date when each bale was ginned and baled, and a record of the marks placed by him upon each bale as above directed, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall upon conviction, be punished as for a misdemeanor.
MS Code § 75-41-3 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 41 - Gins|§ 75-41-3. Cotton weighers to keep register for entry of all cotton with marks, numbers, stamps

 Every public cotton weigher, and every person who weighs cotton for any warehouse or gin or cotton buyer, shall keep a book or register, in which he shall enter all marks or stamps provided for in Section 75-41-1 appearing upon each bale of cotton weighed by him, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
MS Code § 75-41-11 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 41 - Gins|§ 75-41-11. Certain combinations of cotton ginners in restraint of trade prohibited

 It shall be unlawful for chain operators of cotton gins, operating gins in two or more places within the State of Mississippi, to discriminate in prices paid for cottonseed or in the prices charged for ginning services; the necessary operating expenses, freight rates, and other proper elements affecting prices being considered, and the effect of which would be to destroy or attempt to destroy competition at either or any of said places in which said gins shall be operated. Provided, however, that a reduction in the charge for the service herein mentioned made in any locality for the purpose of meeting legitimate competition, or a higher price paid for seed in any locality, when such higher price paid for seed is paid in meeting legitimate competition, shall not constitute a violation of this chapter. And it shall be sufficient to make out a prima facie case of a violation to show a lower charge for the service herein mentioned in one locality than another, or to show a higher price paid for said seed in one locality than another, differences of freight and other necessary expenses of operating business considered.
MS Code § 75-41-13 (2020)
2020 Mississippi Code|Title 75 - Regulation of Trade, Commerce and Investments|Chapter 41 - Gins|§ 75-41-13. Penalties

 On conviction of violating Section 75-41-11, such operator of chain gins shall be fined in the sum of One Hundred Dollars ($100.00) per bale for the first five (5) bales, and Ten Dollars ($10.00) for each successive bale ginned a day in pursuance of such discriminatory practices; or the said penalty may be recovered by appropriate proceedings in the name of the state, instituted by the attorney general or any district attorney, with the consent of the attorney general, in either the chancery or the circuit courts of the state, and relief may be granted by injunction in the name of the state, as in case of violation of other anti-trust legislation of the state, and each day's operations shall constitute a separate offense.