reglab/housing_qa huggingface dataset:
HI Rev Stat § 482-31 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-31 Infringement.

 §482-31 Infringement. Subject to section 482-53, any person who:  (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in 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  (2) Reproduces, counterfeits, copies, or colorably imitates a mark registered under this part and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used on 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 damages and remedies provided in section 482-33; provided that under paragraph (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake, or to deceive. [L 2001, c 15, pt of §1; am L 2008, c 108, §13] Cross References  Trademark counterfeiting, see §708-875.
HI Rev Stat § 482-32 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-32 Injury to business reputation; dilution.

 §482-32 Injury to business reputation; dilution. (a) The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity and upon such terms as a court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the famous mark, and to obtain such other relief as provided in this part. In determining whether a mark is distinctive and famous, a court may consider but shall not be limited to factors such as:  (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 with which the mark is used;  (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 mark is used;  (6) The degree of recognition of the mark in the trading areas and channels of trade in this State used by the owner of the mark and the person against whom the injunction is sought;  (7) The nature and extent of the use of the same or a similar mark by third parties; and  (8) Whether the mark is registered in this State, or federally under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.  (b) In any action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this State, unless the person against whom the injunctive relief is sought wilfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If wilful intent is proven, 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.  (c) The fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark, the noncommercial use of the mark, and all forms of news reporting and news commentary shall not be actionable under this section. [L 2001, c 15, pt of §1]
HI Rev Stat § 482-33 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-33 Remedies.

 §482-33 Remedies. (a) The owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court deems just and reasonable, and may require the defendants to pay the owner all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display, or sale; and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the owner, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the lost profits and damages incurred by the owner, and award reasonable attorneys' fees to the owner when the court finds that the defendants committed the wrongful acts knowingly or in bad faith.  (b) The enumeration of any right or remedy under this part shall not adversely affect a registrant's right to pursue criminal penalties under other laws of this State. [L 2001, c 15, pt of §1]
HI Rev Stat § 482-34 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-34 Forum for actions regarding registration; service on out of state registrants.

 §482-34 Forum for actions regarding registration; service on out of state registrants. (a) An action to require cancellation of a mark registered under this part shall be brought in circuit court. In an action for cancellation, the director 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 in which it is filed and shall have the right to intervene in the action.  (b) In any action brought against a registrant that is a nonresident of this State, service may be effected pursuant to sections 634-35 and 634-36. [L 2001, c 15, pt of §1]
HI Rev Stat § 482-35 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-35 REPEALED.

 §482-35 REPEALED. L 2008, c 108, §17.
HI Rev Stat § 482-36 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-36 Fees.

 §482-36 Fees. The application fee to register a mark shall be $50 for each class of goods or services. A special handling fee of $20 for expediting the registration of a mark shall be assessed by the director for each class of goods or services. All special handling fees shall be credited to the compliance resolution fund established under section 26-9(o). Unless otherwise specified by the director, these fees shall not be refundable. [L 2001, c 15, pt of §1; am L 2003, c 124, §99]
HI Rev Stat § 482-37 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-37 REPEALED.

 §482-37 REPEALED. L 2008, c 108, §18.
HI Rev Stat § 482-51 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-51 Penalties for signing false documents.

   §482-51 Penalties for signing false documents. (a) A person commits an offense if the person signs a document the person knows is false in any material respect with intent that the document be delivered to the director for filing. An offense under this subsection shall be a class C felony and may carry a fine not to exceed $10,000.  (b) A person commits a misdemeanor if the person negligently and without intent to defraud signs a document that is false in any material respect with intent that the document be delivered to the director for filing. The misdemeanor may carry a fine not to exceed $2,000. [L 2008, c 108, pt of §1]
HI Rev Stat § 482-52 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-52 Liability for fraudulent registration.

 §482-52 Liability for fraudulent registration. Any person who knowingly makes a false or fraudulent representation or declaration in registration documents filed with the director shall be liable for all damages sustained as a result of the registration documents as determined by a court of competent jurisdiction. [L 2008, c 108, pt of §1]
HI Rev Stat § 482-53 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-53 Common law rights.

 §482-53 Common law rights. Nothing in this chapter shall adversely affect common law rights in trade names, entity names, service marks, or trademarks, or the enforcement of those rights. [L 2008, c 108, pt of §1]
HI Rev Stat § 482-54 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-54 Severability.

 §482-54 Severability. If any provision of this chapter is deemed to be invalid, the remaining provisions of this chapter shall continue to be effective. [L 2008, c 108, pt of §1]
HI Rev Stat § 482B-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-1 Short title.

  §482B-1 Short title. This chapter may be cited as the Uniform Trade Secrets Act. [L 1989, c 221, pt of §1; am L 2008, c 19, §44]
HI Rev Stat § 482B-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-3 Injunctive relief.

  §482B-3 Injunctive relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to a circuit court of the State, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.  (b) In 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. The alleged wrongful user shall bear the burden of proof of exceptional circumstances.  (c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [L 1989, c 221, pt of §1] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 482B-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-4 Damages.

  §482B-4 Damages. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that 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.  (b) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). [L 1989, c 221, pt of §1]
HI Rev Stat § 482B-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-5 Attorney's fees.

  §482B-5 Attorney's fees. The court may award reasonable attorney's fees to the prevailing party if:  (1) A claim of misappropriation is made in bad faith;  (2) A motion to terminate an injunction is made or resisted in bad faith; or  (3) Wilful and malicious misappropriation exists. [L 1989, c 221, pt of §1]
HI Rev Stat § 482B-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-6 Preservation of secrecy.

  §482B-6 Preservation of secrecy. 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. [L 1989, c 221, pt of §1]
HI Rev Stat § 482B-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-7 Statute of limitations.

  §482B-7 Statute of limitations. An action for misappropriation must be brought within three 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. [L 1989, c 221, pt of §1] Case Notes  The statute of limitations for plaintiff's claim for trade secret misappropriation was not tolled by the doctrine of fraudulent concealment or equitable estoppel. 92 F. Supp. 3d 982 (2015).  Trade secret misappropriation claim was time barred; the limitations period began upon plaintiff's suspicion of wrongdoing in the summer of 2008, notwithstanding whether plaintiff decided to conduct further investigation at that time. Thus, the statute of limitations expired in the summer of 2011. 92 F. Supp. 3d 982 (2015).
HI Rev Stat § 482B-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-8 Effect on other law.

  §482B-8 Effect on other law. (a) Except as provided in subsection (b) this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.  (b) This chapter does not affect:  (1) Contractual remedies, whether or not based upon misappropriation of a trade secret;  (2) Other civil remedies that are not based upon misappropriation of a trade secret; or  (3) Criminal remedies, whether or not based upon misappropriation of a trade secret. [L 1989, c 221, pt of §1] Case Notes  Plaintiff's fraud and unfair competition claims were based upon a misappropriation of plaintiff's confidential information; therefore, the claims were preempted under either the Hawaii Uniform Trade Secrets Act or the California Uniform Trade Secrets Act. 92 F. Supp. 3d 982 (2015).
HI Rev Stat § 482B-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482B. Trade Secrets|482B-9 Severability.

  §482B-9 Severability. 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. [L 1989, c 221, pt of §1]
HI Rev Stat § 482C-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482C. Copyrights in Sound Recordings|482C-1 Unlawful transfer of recorded sounds.

  §482C-1 Unlawful transfer of recorded sounds. It shall be unlawful for any individual, firm, partnership, corporation or association to transfer or cause to be transferred, without the consent of the person who owns the master phonograph record, master disc, master wire, master tape, master film or other device or article from which the sounds are derived, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or cause to be sold, or use or cause to be used for profit through public performance the article onto which such sounds are recorded. [L 1975, c 81, pt of §1]
HI Rev Stat § 482C-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482C. Copyrights in Sound Recordings|482C-2 Sale of unlawfully recorded sounds.

  §482C-2 Sale of unlawfully recorded sounds. It is unlawful to advertise, offer for sale, or sell any article onto which sounds have been transferred as described in section 482C-1 with the knowledge that the sounds have been transferred without the consent of the owner. [L 1975, c 81, pt of §1]
HI Rev Stat § 482C-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482C. Copyrights in Sound Recordings|482C-3 Sale or rental of recording equipment for unlawful use.

  §482C-3 Sale or rental of recording equipment for unlawful use. It is unlawful for any person to offer or make available for a fee, rental, or any other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, any phonograph record, disc, wire, tape, film, or other article on which sounds have been transferred for the purpose of capitalizing commercially on such reproduction. [L 1975, c 81, pt of §1]
HI Rev Stat § 482C-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482C. Copyrights in Sound Recordings|482C-4 Lawful uses; defined.

  §482C-4 Lawful uses; defined. This chapter shall not apply to any person who transfers or causes to be transferred any sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes, or solely for the personal use of the person transferring or causing the transfer and with no purpose of capitalizing commercially on such reproduction. [L 1975, c 81, pt of §1]
HI Rev Stat § 482C-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482C. Copyrights in Sound Recordings|482C-5 Penalty.

  §482C-5 Penalty. Any person who violates this chapter shall be guilty of a misdemeanor. [L 1975, c 81, pt of §1]
HI Rev Stat § 482D-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482D. Gold and Silver Stamping|482D-1 Definitions.

  §482D-1 Definitions. As used in this chapter:  "Article" or "article of merchandise" means any goods, wares, works of art, commodities, or other things which may be lawfully kept or offered for sale, imported into, or exported from the State.  "Person" means an individual, partnership, corporation, or any other form of business enterprise, capable of being in violation of this chapter.  "Stamped" means branded, engraved, or printed on the article or upon any sign, tag, card, label, box, package, cover, or wrapper used to encase, enclose, display or promote the article.  "Test" means analysis or assay to determine the fineness of the gold, silver, or alloy.  "Trademark" shall include any trademark or trade name duly registered under the laws of the United States. [L 1990, c 343, pt of §2; am L 2008, c 19, §45]
HI Rev Stat § 482D-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482D. Gold and Silver Stamping|482D-2 Importation or manufacture of falsely marked gold or silver articles prohibited.

  §482D-2 Importation or manufacture of falsely marked gold or silver articles prohibited. It shall be unlawful for any person being a manufacturer or dealer of or in wholesale or retail in gold or silver articles to manufacture, sell, import, or export gold or silver jewelry or gold or silver articles, manufactured after October 1, 1981, and made in whole or in part of gold or silver, or any alloy of either of these metals, and having stamped any mark or word indicating or designed or intended to indicate that the gold or silver or alloy in the article is of a greater degree of fineness than the actual fineness of quality of the gold, silver, or alloy, according to the standards established in this chapter. [L 1990, c 343, pt of §2]
HI Rev Stat § 482D-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482D. Gold and Silver Stamping|482D-3 Standard of fineness of gold articles; deviation.

  §482D-3 Standard of fineness of gold articles; deviation. The actual fineness of gold or alloy shall not be less by more than .003 parts than the fineness indicated by the mark stamped upon any part of the article; provided, however, that:  (1) In any test for the ascertainment of the fineness of any article mentioned in this chapter, the part of the article taken for the test, shall be the portion as does not contain any solder or alloy of inferior fineness used for brazing or uniting the parts of the article; and  (2) The actual fineness of the entire quantity of gold or of its alloys contained in an article including all solder and alloy of inferior fineness used for brazing or uniting the parts of the article (all gold, alloys, and solder being assayed as one piece), shall not be less by more than .003 parts, in the case of a watchcase or flatware, or than .007 parts, in the case of any other article, than the fineness indicated by the mark stamped upon the article. [L 1990, c 343, pt of §2]
HI Rev Stat § 482D-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482D. Gold and Silver Stamping|482D-4 Standard of fineness of silver articles; deviation.

  §482D-4 Standard of fineness of silver articles; deviation. (a) The actual variation of fineness of silver or alloy of articles made in whole or in part of silver or its alloys shall not be less by more than .004 parts than the actual fineness indicated by any mark (other than the word "sterling" or the word "coin") stamped upon any part of the article.  (b) No article shall be stamped with the word "ster", "sterling", or "sterling silver" or any colorable imitation thereof, unless the article contains .925 parts pure silver.  (c) No article shall be stamped with the words "coin" or "coin silver" or any colorable imitation thereof, unless the article contains .900 parts pure silver; provided, however:  (1) That in the case of all articles whose fineness is indicated by the word "sterling" or the word "coin" there shall be allowed a divergence in the fineness of .004 parts from these standards;  (2) That in any test for the ascertainment of the fineness of any article mentioned in this section that part of the article taken for the test shall be such part as does not contain any solder or alloy of inferior fineness used for brazing or uniting the parts of such article; and  (3) That in the case of any article mentioned in this section in addition to the foregoing tests and standards, the actual fineness of the entire quantity of silver or of its alloys contained in the articles, including all solder and alloy of inferior fineness used for brazing or uniting the parts of such article (all such silver, alloys, and solder being assayed as one piece), shall not be less by more than .010 parts than the fineness indicated by the mark stamped upon the article. [L 1990, c 343, pt of §2]