reglab/housing_qa huggingface dataset:
OR Rev Stat § 647.107 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.107 - Grounds for injunctive relief; famous marks.

(1) Subject to the principles of equity, the owner of a mark that is famous and distinctive in this state, inherently or through acquired distinctiveness, is entitled to an injunction against another person’s commercial use of the mark if: (a) The other person’s use began after the mark became famous; and (b) The use is likely to cause dilution of the famous mark. (2) A mark is famous if the general consuming public of this state or of a geographic area within this state widely recognizes the mark as a designation of the source of the mark owner’s goods or services. In determining whether a mark is famous, a court may consider factors such as: (a) The duration, extent and geographic reach of advertising and publicity of the mark in this state by the owner or by other persons; (b) The amount, volume and geographic extent of sales of goods or services offered under the mark in this state; (c) The extent to which the mark is actually recognized in this state; and (d) Whether the mark is registered in this state, appears on the principal register created under the Trademark Act of 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., or is otherwise registered under federal law. (3) In an action brought under this section, the owner of a famous mark is entitled to injunctive relief throughout the geographic area in which the court finds that the mark became famous before the other person began the other person’s use of the mark. The court may not order injunctive relief outside this state. (4) If the court finds that the other person willfully intended to cause dilution of the famous mark, the owner is entitled to the remedies provided in this chapter, subject to the court’s discretion and the principles of equity. (5) An owner of a famous mark may not bring an action for another person’s use if the use is a nominative or descriptive fair use or facilitation of a nominative or descriptive fair use, other than as a designation of source for the other person’s own goods or services, including a use: (a) In connection with: (A) Advertising or promotion that permits consumers to compare goods or services; or (B) Identifying or parodying, criticizing or commenting upon the owner of the famous mark or the goods or services of the owner of the famous mark; (b) That is noncommercial; or (c) That constitutes news reporting or news commentary. [1971 c.122 §2; 2009 c.459 §16]
OR Rev Stat § 647.115 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.115 - Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter.

(1) The provisions of this chapter do not adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law. (2) The enumeration of a right or remedy in this chapter does not affect the right of a registrant to prosecute under a penal law of this state. (3) The intent of this chapter is to provide for a system of trademark registration and protection substantially consistent with the system of trademark registration and protection set forth in 15 U.S.C. 1051 et seq. Construction given the provisions set forth in 15 U.S.C. 1051 et seq. constitutes persuasive authority for interpreting and construing this chapter. [1961 c.497 §14; 1965 c.511 §12; 1985 c.566 §5; 1985 c.728 §89; 2009 c.459 §19]
OR Rev Stat § 647.135 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.135 - Trademark counterfeiting.

(1) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter or registered under this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is counterfeit. (2) For purposes of this section, a mark is counterfeit if: (a) It is a mark that is identical to or substantially indistinguishable from a registered mark; and (b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered. (3) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration. [1999 c.722 §2]
OR Rev Stat § 647.140 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.140 - Trademark counterfeiting in third degree; penalty.

(1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in ORS 647.135 and: (a) The total number of items bearing the counterfeit mark is not more than 100; or (b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000. (2) Trademark counterfeiting in the third degree is a Class A misdemeanor. Notwithstanding ORS 161.655, if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000. [1999 c.722 §3]
OR Rev Stat § 647.145 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.145 - Trademark counterfeiting in second degree; penalty.

(1) A person commits the crime of trademark counterfeiting in the second degree if the person: (a) Commits trademark counterfeiting as described in ORS 647.135 and: (A) Has one prior conviction for trademark counterfeiting in any degree; (B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or (C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000. (b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark. (2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655, if the person is convicted under: (a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000. (b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 §4]
OR Rev Stat § 647.150 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.150 - Trademark counterfeiting in first degree; penalty.

(1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in ORS 647.135 or 647.145 (1)(b) and: (a) Has two or more prior convictions for trademark counterfeiting in any degree; (b) The total number of items bearing the counterfeit mark is 1,000 or more; or (c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is $10,000 or more. (2) Trademark counterfeiting in the first degree is a Class B felony. [1999 c.722 §5]
OR Rev Stat § 647.155 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.155 - Seizure, forfeiture and disposal.

(1) The following are subject to seizure and forfeiture in the same manner as the proceeds of prohibited conduct under ORS chapter 131A: (a) All raw materials and equipment that are used, or intended for use, in providing, manufacturing and delivering items bearing a counterfeit mark or services identified by a counterfeit mark; (b) All conveyances that are used, or intended for use, to transport items bearing a counterfeit mark; (c) All books, records, computers and data that are used or intended for use in the production, manufacture, sale or delivery of items bearing a counterfeit mark or services identified by a counterfeit mark; and (d) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of activity constituting a violation of ORS 647.140, 647.145 or 647.150. (2) Items bearing a counterfeit mark are subject to seizure and disposition as provided in ORS 133.525 to 133.703. However, if the registrant so requests, the agency holding the seized items shall release the seized items to the registrant or make such other disposition as the registrant directs. If the registrant does not direct disposition of the seized items, the agency shall destroy the items. [1999 c.722 §6; 2001 c.780 §§17,17a; 2009 c.78 §60]
OR Rev Stat § 647.700 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.700 - Definitions for ORS 647.700 to 647.730.

As used in ORS 647.700 to 647.730: (1) "Copyright owner" means a person that owns a copyright that is recognized and enforceable under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.). (2) "Perform" means to disseminate a musical work by playing a recording of the musical work in public, by broadcasting the musical work by radio, television, cable television, satellite or other means or by playing the musical work live in public. (3) "Performing rights society" means an association or corporation that grants a license on behalf of a copyright owner to perform a copyrighted musical work, including but not limited to the following societies and corporations: (a) The American Society of Composers, Authors and Publishers (ASCAP); (b) Broadcast Music, Inc. (BMI); and (c) SESAC. (4) "Proprietor" means an owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in this state in which the public may assemble and in which copyrighted musical works may be performed. (5) "Royalty" means a fee provided to a copyright owner or performing rights society for a license to perform a musical work. [1997 c.236 §1; 2018 c.28 §4] Note: 647.700 to 647.730 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 647 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 647.705 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.705 - Requirements for performing rights societies.

(1) A performing rights society may not enter into, or offer to enter into, a contract under the terms of which a proprietor must pay royalties unless the performing rights society, at least 72 hours before entering into the contract, provides to the proprietor or an employee of the proprietor: (a) Information, at the proprietor’s request, as to whether specific copyrighted musical works are in the repertoire of the performing rights society; (b) An opportunity to review, electronically and free of charge, the most current available list of the performing rights society’s members or affiliates, and the most current available list of the musical works that the performing rights society licenses, in a format that the proprietor can search by title, publisher and performing artist; and (c) A schedule of rates and terms under which the performing rights society will collect royalties under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract. (2) A performing rights society may not license or attempt to license a proprietor to perform a musical work in this state unless the performing rights society each year submits to the Secretary of State for filing an electronic template copy of each performing rights form contract that a performing rights society offers to a proprietor in this state under which the proprietor would pay royalties. (3) The Secretary of State’s duty to file documents under this section is ministerial. The Secretary of State need not review or verify the contents of performing rights contracts for compliance with this section. [1997 c.236 §2; 2018 c.28 §5] Note: See note under 647.700.
OR Rev Stat § 647.708 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.708 - Requirement for performing rights society to have authorization to do business in state.

A performing rights society may not collect royalties, fees, penalties or other amounts for performing copyrighted musical works or enter into a contract to collect royalties for performing a copyrighted musical work unless the performing rights society is authorized to do business in this state. This section does not apply to a performing rights society that by law is exempt from a requirement to have an authorization to do business in this state. [2018 c.28 §3] Note: See note under 647.700.
OR Rev Stat § 647.710 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.710 - Requirements for contracts for payment of royalties.

A contract that a performing rights society executes or renews in this state under which a proprietor pays royalties must be: (1) In writing; (2) Signed by the parties; and (3) Written to include, at a minimum, the following information: (a) The proprietor’s name and business address and the name and location of each place of business to which the contract applies; (b) The name of the performing rights society; (c) The duration of the contract; and (d) The schedule of rates and terms of the royalties the performing rights society will collect under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract. [1997 c.236 §3; 2018 c.28 §6] Note: See note under 647.700.
OR Rev Stat § 647.715 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.715 - Prohibited conduct.

A performing rights society or any agent or employee of a performing rights society may not: (1) Enter onto the premises of a proprietor’s business to discuss or inquire about a contract under which the proprietor will pay royalties without first: (a) Providing identification to the proprietor or the proprietor’s employees; and (b) Specifying the purpose of the entry; (2) Use abusive, profane or obscene language when communicating with a proprietor or the proprietor’s employees; (3) Communicate with a proprietor or the proprietor’s employees in person or by telephone in locations or at times other than in the proprietor’s place of business during regular business hours unless the proprietor’s place of business is not open to the public and the proprietor or an employee, agent or representative of the proprietor agrees to communicate in a different location or at a different time; (4) Communicate with a proprietor or the proprietor’s employees after receiving notice from the proprietor’s attorney that the performing rights society or an agent or employee of the performing rights society must address communications to the proprietor’s attorney, except that a performing rights society or an agent or employee of the performing rights society may communicate directly with the proprietor or the proprietor’s employees if the attorney fails to respond to communications for a period of 60 days or more; (5) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business; (6) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or (7) Fail to comply with or fulfill the obligations imposed by ORS 647.705 and 647.710. [1997 c.236 §4; 2018 c.28 §7] Note: See note under 647.700.
OR Rev Stat § 647.720 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.720 - Action for damages; injunction; fines.

(1) Any person may bring an action to recover actual damages and reasonable attorney fees or seek an injunction or any other remedy available at law or in equity for a violation of ORS 647.705, 647.708, 647.710 or 647.715. (2) In addition to and not in lieu of any damages a person may recover under subsection (1) of this section, a court may impose a fine of not more than $1,000 for each willful violation of ORS 647.705, 647.708, 647.710 or 647.715. [1997 c.236 §5; 2018 c.28 §8] Note: See note under 647.700.
OR Rev Stat § 647.725 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.725 - Relationship to other laws.

The rights, remedies and prohibitions in ORS 647.700 to 647.730 are in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state. ORS 647.700 to 647.730 do not deny, abrogate or impair any common law or statutory right, remedy or prohibition. [1997 c.236 §6; 2018 c.28 §9] Note: See note under 647.700.
OR Rev Stat § 647.728 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.728 - Conduct of investigations by performing rights society.

ORS 647.700 to 647.730 do not prohibit a performing rights society from conducting investigations to determine whether a proprietor is performing copyrighted musical works or informing a proprietor of the proprietor’s obligations under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.) and other copyright laws or regulations of the United States. [2018 c.28 §2] Note: See note under 647.700.
OR Rev Stat § 647.730 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.730 - Applicability of ORS 647.700 to 647.730.

ORS 647.700 to 647.730 do not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable television operators, cable television programmers or other similar transmission services. ORS 647.700 to 647.730 do not apply to musical works performed in synchronization with an audiovisual film or tape. [1997 c.236 §7] Note: See note under 647.700.
OR Rev Stat § 648.007 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 648 - Assumed Business Names|Section 648.007 - Requirement to register assumed business name and service mark; exceptions.

(1) No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration. (2) A person shall register a service mark as an assumed business name if the person carries on, conducts or transacts business under the service mark and the person does not disclose conspicuously the person’s real and true name at the time and place that the person carries on, conducts or transacts business. (3) ORS 648.010 and subsection (1) of this section do not apply to: (a) A foreign corporation that applied for and was issued a certificate of authority prior to September 20, 1985, and that carries on, conducts or transacts business in this state exclusively under the name that it stated in its application that it elects to use in this state, as shown on the records of the Office of the Secretary of State. (b) A partnership which uses the surname of all or some of the partners all of whom are licensed by a common licensure board or commission. (c) A mutual and voluntary association composed of 10 or more farmers and landowners formed for the purpose of constructing, owning and operating reservoirs, irrigation ditches and irrigation works. The secretary of each association shall maintain a complete and current record of the association’s members, and shall furnish a copy of the record upon request. (4) Nothing in this chapter shall preclude a person from registering more than one assumed business name. [1985 c.728 §92]
OR Rev Stat § 648.008 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 648 - Assumed Business Names|Section 648.008 - Optional registration of real and true name.

(1) Notwithstanding any provision of this chapter, a person that will carry on, conduct or transact business under the real and true name of the person may apply for registration of the real and true name with the Office of the Secretary of State. (2) An application for registration of a real and true name shall be treated in the same manner as an application to register an assumed business name under this chapter. If a real and true name is registered under this chapter, all provisions of this chapter applicable to an assumed business name shall also apply to a real and true name. [1995 c.454 §2]