reglab/housing_qa huggingface dataset:
NM Stat § 57-3-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-1 - Repealed.

History: 1953 Comp., § 49-4-6, enacted by Laws 1969, ch. 142, § 1; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-1 NMSA 1978, as enacted by Laws 1969, ch. 142, § 1, relating to the short title, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-2 - Repealed.

History: 1953 Comp., § 49-4-7, enacted by Laws 1959, ch. 345, § 1; 1977, ch. 144, § 1; 1991, ch. 38, § 1; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-2 NMSA 1978, as enacted by Laws 1959, ch. 345, § 1, relating to application for registration, submission of printed facsimile and written description, acknowledgement, filing, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-3 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 38, § 3 repealed 57-3-3 NMSA 1978, as enacted by Laws 1977, ch. 144, § 2, relating to the issuance of certificate for trade name, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 57-3-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-4 - Repealed.

History: 1953 Comp., § 49-4-8, enacted by Laws 1959, ch. 345, § 2; 1971, ch. 141, § 1; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-4 NMSA 1978, as enacted by Laws 1959, ch. 345, § 2, relating to filing application, fee, certificate of registration, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-5 - Repealed.

History: 1953 Comp., § 49-4-8.1, enacted by Laws 1969, ch. 142, § 2; 1971, ch. 141, § 2; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-5 NMSA 1978, as enacted by Laws 1969, ch. 142, § 2, relating to assignment, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-6 - Repealed.

History: 1953 Comp., § 49-4-9, enacted by Laws 1959, ch. 345, § 3; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-6 NMSA 1978, as enacted by Laws 1959, ch. 345, § 3, relating to items, packages or establishment to show mark or name, unlawful to use for purposes of deceit, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-7 - Repealed.

History: 1953 Comp., § 49-4-10, enacted by Laws 1959, ch. 345, § 4; 1969, ch. 142, § 3; 1971, ch. 141, § 3; 1991, ch. 38, § 2; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-7 NMSA 1978, as enacted by Laws 1959, ch. 345, § 4, relating to duration of registration, renewal, fee, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-8 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-8 - Repealed.

History: 1953 Comp., § 49-4-11, enacted by Laws 1969, ch. 142, § 4; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-8 NMSA 1978, as enacted by Laws 1969, ch. 142, § 4, relating to fraudulent registration, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-9 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-9 - Repealed.

History: 1953 Comp., § 49-4-11.1, enacted by Laws 1969, ch. 142, § 5; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-9 NMSA 1978, as enacted by Laws 1969, ch. 142, § 5, relating to infringement, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-10 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-10 - Repealed.

History: 1953 Comp., § 49-4-11.2, enacted by Laws 1969, ch. 142, § 6; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-10 NMSA 1978, as enacted by Laws 1969, ch. 142, § 6, relating to injury to business reputation, dilution, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-11 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-11 - Repealed.

History: 1953 Comp., § 49-4-11.3, enacted by Laws 1969, ch. 142, § 7; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-11 NMSA 1978, as enacted by Laws 1969, ch. 142, § 7, relating to remedies, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-12 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-12 - Repealed.

History: 1953 Comp., § 49-4-12, enacted by Laws 1959, ch. 345, § 6; repealed by Laws 1997, ch. 197, § 17.ANNOTATIONSRepeals. — Laws 1997, ch. 197, § 17 repealed 57-3-12 NMSA 1978, as enacted by Laws 1959, ch. 345, § 6, relating to common-law rights unaffected, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.
NM Stat § 57-3-13 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-13 - Laundry service trademarks; registration.

A. Any person or firm supplying clean laundered articles which are the supplier's property, periodically exchanging clean articles for soiled for a fixed compensation, may adopt, register and use a trademark or trade name in accordance with the Trademark Act [57-3B-1 to 57-3B-17 NMSA 1978] and reproduce it as a mark of ownership on the laundered articles. B. To qualify under this section, any person or firm using or intending to use a trademark or trade name for the purpose described in Subsection A of this section shall so notify the secretary of state. Upon the notification, which may be made at the time of application, the secretary of state or his authorized representative shall note the words "laundry service mark" on the application for initial issuance or renewal of the trademark or trade name registration. The fee for such endorsement of the application for registration is ten dollars ($10.00) payable to the secretary of state. This fee is in addition to any other trademark or trade name filing fee, and is due at the time of initial endorsement and at each renewal of the registration. History: 1953 Comp., § 49-4-13, enacted by Laws 1971, ch. 218, § 1.
NM Stat § 57-3-14 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3 - Trademarks|Section 57-3-14 - Laundry service trademarks; penalty.

A. It is a petty misdemeanor for any person or firm, except the registrant, any person or firm having the written consent of the registrant or any person or firm having purchased the articles from the registrant, to: (1) sell, buy, rent, give, take or otherwise traffic in any articles provided as part of a laundry service bearing a trademark or trade name registered as a laundry service mark; or (2) obliterate or otherwise conceal or remove from any articles provided as part of a laundry service a trademark or trade name registered as a laundry service mark. B. The registrant's acceptance of any sum of money as a deposit to secure the safekeeping and return of any articles bearing a trademark or trade name registered as a laundry service mark does not constitute a sale of the articles. C. The use or possession by any person or firm other than the registrant, without the written consent provided in this section, of any articles bearing a trademark or trade name registered as a laundry service mark is presumptive evidence of unlawful use of, or traffic in, such articles. Any person or any member of a firm, corporation or association which has acquired the articles, by purchase or otherwise, with the registrant's written consent is not required to register the trademark or trade name again, but acquires the same rights and benefits as the vendor. History: 1953 Comp., § 49-4-14, enacted by Laws 1971, ch. 218, § 2.
NM Stat § 57-3A-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-1 - Short title.

Sections 1 through 7 [57-3A-1 to 57-3A-7 NMSA 1978] of this act may be cited as the "Uniform Trade Secrets Act". History: Laws 1989, ch. 156, § 1. ANNOTATIONSLaw reviews. — For article, "Secrecy and Innovation In Tort Law And Regulation," see 23 N.M.L. Rev. 1 (1993). Am. Jur. 2d, A.L.R. and C.J.S. references. — 54A Am. Jur. 2d Monopolies, Restraints of Trade, and Unfair Trade Practices § 1114 et seq. Discovery of trade secret in state court action, 75 A.L.R.4th 1009. What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential," exempt from disclosure under Freedom of Information Act (5 USCS § 552 (b)(4)) (FOIA), 139 A.L.R. Fed. 225. 87 C.J.S. Trademarks, Tradenames and Unfair Competition §§ 13, 121, 122.
NM Stat § 57-3A-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-2 - Definitions.

As used in the Uniform Trade Secrets Act: A. "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; B. "misappropriation" means: (1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) disclosure of use of a trade secret of another without express or implied consent by a person who: (a) used improper means to acquire knowledge of the trade secret; or (b) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: 1) derived from or through a person who had utilized improper means to acquire it; 2) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or 3) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (c) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; C. "person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity; and D. "trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that: (1) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. History: Laws 1989, ch. 156, § 2. ANNOTATIONSTrade secret. — A database of information about medical professionals and medical facilities, that was developed over many years and at considerable expense and that contained information that went beyond an employee's general skills and knowledge and recollection of client preferences, and what one could easily obtain by consulting a telephone directory, constituted a trade secret. Rapid Temps, Inc. v. Lamon, 2008-NMCA-122, 144 N.M. 804, 192 P.3d 799. The essential elements of a trade secret are confidentiality and value. Pincheira v. Allstate Ins. Co., 2007-NMCA-094, 142 N.M. 283, 164 P.3d 982, aff'd on other grounds, 2008-NMSC-049, 144 N.M. 601, 190 P.3d 322. "Trade secrets". — General skills and knowledge do not rise to the level of trade secrets. Insure N.M., LLC v. McGonigle, 2000-NMCA-018, 128 N.M. 611, 995 P.2d 1053.
NM Stat § 57-3A-3 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-3 - Injunctive relief.

A. 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. 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. C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by a court order. History: Laws 1989, ch. 156, § 3. ANNOTATIONSInjunctive relief was proper. — Where plaintiffs sued defendant, a former employee, alleging he violated the New Mexico Uniform Trade Secrets Act, NMSA 1978, §§ 57-3A-1 through -7, and that he breached his employment agreement, his duty of good faith and fair dealing, and his fiduciary duty to plaintiffs, and where the district court entered a judgment and a permanent injunction requiring defendant to return any employer materials in his possession and preventing him from using or disclosing to others any of plaintiffs' trade secrets or confidential information, there was sufficient evidence to support injunctive relief where defendant possessed plaintiffs' trade secrets and wrongfully refused to return them after plaintiffs demanded their return. Lasen, Inc. v. Tadjikov, 2020-NMCA-006, cert. denied.Permanent injunction was improper. — Where plaintiffs sued defendant, a former employee, alleging he violated the New Mexico Uniform Trade Secrets Act, §§ 57-3A-1 through -7 NMSA 1978, and that he breached his employment agreement, his duty of good faith and fair dealing, and his fiduciary duty to plaintiffs, and where the district court entered a judgment and a permanent injunction requiring defendant to return any employer materials in his possession and preventing him from using or disclosing to others any of plaintiffs' trade secrets or confidential information, the district court abused its discretion in issuing the permanent injunction because the parties' employment contract only imposed a five-year post-termination period of confidentiality. The injunction should not have extended defendant's obligation not to disclose plaintiffs' trade secrets and confidential information beyond the time that plaintiffs agreed was proper. Lasen, Inc. v. Tadjikov, 2020-NMCA-006, cert. denied.
NM Stat § 57-3A-4 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-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 complaintant [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 willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under Subsection A of this section. History: Laws 1989, ch. 156, § 4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 57-3A-5 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-5 - Attorneys' fees.

A. The court of proper jurisdiction may award reasonable attorneys' 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) willful and malicious misappropriation exists. History: Laws 1989, ch. 156, § 5. ANNOTATIONSCompiler's notes. — There is no Subsection B in this section as it appears in the 1989 printed act.
NM Stat § 57-3A-6 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-6 - Preservation of secrecy.

In an action under the Uniform Trade Secrets Act, 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. History: Laws 1989, ch. 156, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential," exempt from disclosure under Freedom of Information Act (5 USCS § 552 (b)(4)) (FOIA), 139 A.L.R. Fed. 225.
NM Stat § 57-3A-7 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3A - Uniform Trade Secrets|Section 57-3A-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 purpose of this section, a continuing misappropriation constitutes a single claim. History: Laws 1989, ch. 156, § 7.
NM Stat § 57-3B-1 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3B - Trademarks|Section 57-3B-1 - Short title.

This act [57-3B-1 to 57-3B-17 NMSA 1978] may be cited as the "Trademark Act". History: Laws 1997, ch. 197, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Trademark licensor's liability for injury or death allegedly due to defect in licensed product, 90 A.L.R.4th 981. Application of secondary meaning test in action for trademark or tradename infringement under § 43(a) of the Lanham Act (15 USCS § 1125(a)), 86 A.L.R. Fed. 489. Liability as vicarious or contributory infringer under Lanham Act - modern cases, 152 A.L.R. Fed. 573.
NM Stat § 57-3B-2 (2021)
2021 New Mexico Statutes|Chapter 57 - Trade Practices and Regulations|Article 3B - Trademarks|Section 57-3B-2 - Purpose and intent of act.

The purpose of the Trademark Act 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. It is the intent that the construction given the federal act should be examined as persuasive authority for interpreting and construing the Trademark Act. History: Laws 1997, ch. 197, § 2. ANNOTATIONSCross references. — For the federal Trademark Act of 1946, see 15 U.S.C. § 1051 et seq. Scope of the article. — Article 3B lacks any provision expressly retaining common-law trademark rights. It is thus likely that trademark infringement claims must be based on trademarks recognized under federal trademark law or the New Mexico Trademark Act. To the extent that such a claim exists, however, it is likely to have the same elements as a claim of trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq. Guidance Endodontics, LLC v. Dentsply Int'l, Inc., 708 F.Supp.2d 1209 (D.N.M. 2010).