reglab/housing_qa huggingface dataset:
76 OK Stat § 76-106 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-106. Establishing fair market value of total gross assets.

|ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS. A. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 5 of this act through any method reasonable under the circumstances, including: |1. By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm's-length transaction; or2. In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.B. Total gross assets include intangible assets.C. To the extent total gross assets include any liability insurance issued to the transferor whose assets are being valued for the purposes of this section, the applicability, terms, conditions, and limits of such insurance shall not be affected by this act, nor shall the Innocent Successor Asbestos-Related Liability Fairness Act otherwise affect the rights and obligations of a transferor, successor, or insurer under any insurance contract and/or any related agreements, including, without limitation, rights and obligations under preenactment settlements between a transferor or successor and its insurers resolving liability insurance coverage, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.Added by Laws 2013, 1st Ex.Sess., c. 22, § 6, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 76, which was derived from Laws 2009, c. 228, § 70, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-107 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-107. Adjustment.

|ADJUSTMENT. A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of: |1. The prime rate as listed in the first edition of "The Wall Street Journal" published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of "The Wall Street Journal", in which case any reasonable determination of the prime rate on the first day of the year may be used; and2. One percent (1%).B. The rate provided for in subsection A of this section shall not be compounded.C. The adjustment of fair market value of total gross assets continues as provided under subsection A of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the innocent successor corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.D. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets by subsection C of Section 6 of this act.Added by Laws 2013, 1st Ex.Sess., c. 22, § 7, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 77, which was derived from Laws 2009, c. 228, § 71, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-108 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-108. Scope of act.

|SCOPE OF ACT. The courts of this state shall construe the provisions of the Innocent Successor Asbestos-Related Liability Fairness Act liberally with regard to innocent successors. Nothing in this act shall be construed to limit the liability of the transferor, except to the extent the transferor is or becomes a successor. |Added by Laws 2013, 1st Ex.Sess., c. 22, § 8, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 78, which was derived from Laws 2009, c. 228, § 72, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-109 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-109. Effective date.

|EFFECTIVE DATE. The Innocent Successor Asbestos-Related Liability Fairness Act shall apply to all asbestos claims filed against an innocent successor on or after the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act. The Innocent Successor Asbestos-Related Liability Fairness Act shall also apply to any pending asbestos claims against an innocent successor in which trial has not commenced as of the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively. |Added by Laws 2013, 1st Ex.Sess., c. 22, § 9, emerg. eff. Sept. 10, 2013.NOTE: Text formerly resided under repealed Title 76, § 79, which was derived from Laws 2009, c. 228, § 73, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
76 OK Stat § 76-111 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-111. Limitations on liability for exposure to COVID-19.

|A. As used in this section: |1. "COVID-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease;2. "Guidance" means written guidelines related to COVID-19 issued by the Centers for Disease Control and Prevention, Occupational Safety and Health Administration of the United States Department of Labor, Oklahoma State Department of Health, the Oklahoma Department of Commerce, or any other state agency, board or commission; and3. "Person" means an individual, firm, partnership, corporation or association.B. A person or agent of the person who conducts business in this state shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the person or agent was in compliance or consistent with federal or state regulations, a Presidential or Gubernatorial Executive Order, or guidance applicable at the time of the alleged exposure. If two or more sources of guidance are applicable to the conduct or risk at the time of the alleged exposure, the person or agent shall not be liable if the conduct is consistent with any applicable guidance.C. The provisions of this section shall apply to a civil action filed on or after the effective date of this act.Added by Laws 2020, c. 159, § 1, emerg. eff. May 21, 2020.
78 OK Stat § 78-21 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-21. Definitions.

|(A) The term "trademark" as used herein means any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered by him and to distinguish them from goods made or sold or services rendered by others. |(B) The term "person" as used herein means any individual, firm, partnership, corporation, association, union or other organization.(C) The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this act, his legal representatives, successors or assigns.(D) The term "registrant" as used herein embraces the person to whom the registration of a trademark under this act is issued, his legal representatives, successors or assigns.(E) For the purposes of this act, a trademark shall be deemed to be "used" in this state (1) when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state, or (2) when it is used in any manner in connection with the sale or advertising of services in this state.(F) The term "emblem" as referred to in section (A) shall be deemed any badge, motto, button, decoration, charm, rosette or such other insignia.Laws 1959, p. 368, § 1.
78 OK Stat § 78-22 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-22. Registrability.

|A trademark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it |(a) consists of or comprises immoral, deceptive or scandalous matter; or(b) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or(c) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or(d) consists of or comprises the name, signature or portrait of any living individual, except with his written consent; or(e) consists of a mark which, (1) when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname; provided, however, that nothing in this subsection shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The Secretary of State may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five (5) years next preceding the date of the filing of the application for registration; or(f) consists of or comprises a trademark which so resembles a trademark registered in this state or a trademark previously used in this state by another and not abandoned, as to be likely when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.Added by Laws 1959, p. 369, § 2. Amended by Laws 1996, c. 69, § 30, eff. Nov. 1, 1996.
78 OK Stat § 78-23 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-23. Application for registration.

|A. Subject to the limitations set forth in this title, any person who adopts and uses a trademark in this state may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that trademark setting forth, but not limited to, the following information: |1. The name and business address of the person applying for the registration, and, if a corporation, the state of incorporation;2. The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods or services are categorized;3. The date when the trademark was first used anywhere and the date when it was first used in this state by the applicant or the predecessor in business; and4. A statement that the applicant is the owner of the trademark and that no other person has the right to use such trademark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.B. The application shall be signed 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 a specimen or facsimile of such trademark, which shall be in a form compatible with electronic scanning.D. The application for registration shall be accompanied by a filing fee of Fifty Dollars ($50.00), payable to the Secretary of State.E. Any signature on any instrument authorized to be filed with the Secretary of State under this act may be a facsimile.Added by Laws 1959, p. 369, § 3. Amended by Laws 1984, c. 1, § 85, emerg. eff. Jan. 30, 1984; Laws 1984, c. 229, § 24, operative July 1, 1984; Laws 1994, c. 267, § 5, eff. July 1, 1994; Laws 1996, c. 69, § 31, eff. Nov. 1, 1996; Laws 2001, c. 406, § 25, emerg. eff. June 4, 2001.
78 OK Stat § 78-24 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-24. Certificate of registration.

|Upon compliance by the applicant with the requirements of this act, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state, and it shall show the class of goods or services and a description of the goods or services on which the trademark is used, the trademark and its description, the registration date and the term of the registration. |Any certificate of registration issued by the Secretary of State under the provisions hereof or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of such trademark in any action or judicial proceedings in any court of this state.Added by Laws 1959, p. 370, § 4. Amended by Laws 1996, c. 69, § 32, eff. Nov. 1, 1996.
78 OK Stat § 78-25 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-25. Duration and renewal.

|A. Registration of a trademark pursuant to the provisions of this title shall be effective for an initial term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the registration may be renewed for successive periods of five (5) years. A renewal fee of Twenty-five Dollars ($25.00), payable to the Secretary of State, shall accompany the application for renewal of the registration. |B. A trademark registration may be renewed for successive periods of five (5) years in the same manner as the initial renewal.Laws 1959, p. 370, § 5; Laws 1984, c. 1, § 86, emerg. eff. Jan. 30, 1984; Laws 1985, c. 220, § 24, eff. Nov. 1, 1985; Laws 1994, c. 267, § 6, eff. July 1, 1994.
78 OK Stat § 78-26 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-26. Assignment.

|Any trademark and its registration shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of Twenty-five Dollars ($25.00), payable to the Secretary of State who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration pursuant to the provisions of this title shall be void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the Secretary of State within three (3) months after the date of the assignment or prior to such subsequent purchase. |Laws 1959, p. 370, § 6; Laws 1984, c. 1, § 87, emerg. eff. Jan. 30, 1984; Laws 1994, c. 267, § 7, eff. July 1, 1994.
78 OK Stat § 78-27 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-27. Records.

|The Secretary of State shall keep for public examination a record of all trademarks registered or renewed under this act. |Laws 1959, p. 371, § 7.
78 OK Stat § 78-28 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-28. Cancellation.

|A. The Secretary of State shall cancel from the register: |1. After one (1) year from the effective date of this act, all registrations under prior acts which are more than ten (10) years old and not renewed in accordance with this act;2. Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;3. All registrations granted under this act and not renewed in accordance with the provisions hereof;4. Any registration concerning which a court of competent jurisdiction shall find:a.that the registered trademark has been abandoned,b.that the registrant is not the owner of the trademark,c.that the registration was granted improperly,d.that the registration was obtained fraudulently;5. When a court of competent jurisdiction shall order cancellation of a registration on any ground.B. At the time of filing a cancellation, a fee in the amount of Twenty-five Dollars ($25.00) shall be paid to the Secretary of State.Laws 1959, p. 371, § 8; Laws 1994, c. 267, § 8, eff. July 1, 1994.
78 OK Stat § 78-29 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-29. Classification.

|The following general classes of goods and services are established for convenience of administration of this act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a trademark may include any or all goods upon which or services with which the trademark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the Secretary of State shall require payment of a fee for each class. |The said classes are as follows:(a) Goods1.Raw or partly prepared materials2.Receptacles3.Baggage, animal equipments, portfolios, and pocketbooks4.Abrasives and polishing materials5.Adhesives6.Chemicals and chemical compositions7.Cordage8.Smokers' articles, not including tobacco products9.Explosives, firearms, equipments, and projectiles10.Fertilizers11.Inks and inking materials12.Construction materials13.Hardware and plumbing and steamfitting supplies14.Metals and metal castings and forgings15.Oils and greases16.Paints and painters' materials17.Tobacco products18.Medicines and pharmaceutical preparations19.Vehicles20.Linoleum and oiled cloth21.Electrical apparatus, machines, and supplies22.Games, toys, and sporting goods23.Cutlery, machinery, and tools, and parts thereof24.Laundry appliances and machines25.Locks and safes26.Measuring and scientific appliances27.Horological instruments28.Jewelry and precious metalware29.Brooms, brushes, and dusters30.Crockery, earthenware, and porcelain31.Filters and refrigerators32.Furniture and upholstery33.Glassware34.Heating, lighting, and ventilating apparatus35.Belting, hose, machinery packing, and nonmetallic tires36.Musical instruments and supplies37.Paper and stationery38.Prints and publications39.Clothing40.Fancy goods, furnishings, and notions41.Canes, parasols, and umbrellas42.Knitted, netted and textile fabrics, and substitutes therefor43.Thread and yarn44.Dental, medical, and surgical appliances45.Soft drinks and carbonated waters46.Foods and ingredients of foods47.Merchandise not otherwise classified48.Cosmetics and toilet preparations49.Detergents and soaps(b) Services100.Miscellaneous101.Advertising and business102.Insurance and financial103.Construction and repair104.Communication105.Transportation and storage106.Material treatment107.Education and entertainment.Added by Laws 1959, p. 371, § 9. Amended by Laws 1996, c. 69, § 33, eff. Nov. 1, 1996.
78 OK Stat § 78-30 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-30. Fraudulent registration.

|Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trademark in the office of the Secretary of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. |Laws 1959, p. 372, § 10.
78 OK Stat § 78-31 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-31. Infringement.

|Subject to the provisions of Section 13 hereof, any person who shall |(a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this act in connection with the sale, offering for sale, or advertising of any goods 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(b) reproduce, counterfeit, copy or colorably imitate any such trademark 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 conjunction with the sale or other distribution in this state of such goods or services, shall be liable to a civil action by the owner of such registered trademark for any or all of the remedies provided in Section 12 hereof, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trademark is intended to be used to cause confusion or mistake or to deceive.Laws 1959, p. 372, § 11.
78 OK Stat § 78-32 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-32. Remedies.

|Any owner of a trademark registered under this act 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 enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.Laws 1959, p. 372, § 12.
78 OK Stat § 78-33 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-33. Common law rights.

|Nothing herein shall adversely affect the right or the enforcement of rights in trademarks acquired in good faith at any time at common law. |Laws 1959, p. 373, § 13.
78 OK Stat § 78-51 (2021)
2021 Oklahoma Statutes|Title 78. Trademarks and Labels|§78-51. Citation.

|This act may be cited as the Oklahoma Deceptive Trade Practices Act. |Laws 1965, c. 234, § 1.