reglab/housing_qa huggingface dataset:
NE Code § 87-217 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-217 - Injury to business; injunction; remedies; attorney's fees.

87-217.  Injury to business; injunction; remedies; attorney's fees.Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may require the defendants to pay to the registrant (1) all profits attributable to the wrongful use, display, or sale, (2) all damages caused by the wrongful use, display, or sale, or (3) both such profits and damages, and reasonable attorney's fees. In lieu of the remedies available in subdivisions (1), (2), and (3) of this section, the court may require the defendants to pay statutory damages of one thousand dollars and reasonable attorney's fees. The court may order that any counterfeits or imitations in the possession or under the control of any defendant be delivered to an officer of the court, or to the complainant, to be destroyed.Source   Laws 1967, c. 628, § 10, p. 2103;   Laws 1997, LB 453, § 15;  Laws 2011, LB462, § 17.
NE Code § 87-218 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-218 - Trade name; enforcement of rights.

87-218.  Trade name; enforcement of rights.Sections 87-208 to 87-219.01 shall not adversely affect rights in trade names, or the enforcement of rights in trade names, acquired at any time in good faith at common law.Source   Laws 1967, c. 628, § 11, p. 2104;   Laws 1997, LB 453, § 16;  Laws 2011, LB462, § 18.
NE Code § 87-219 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-219 - Trade name; publication; file; failure; effect.

87-219.  Trade name; publication; file; failure; effect.Every duplicate of the registration of a trade name shall be published by the applicant once in a newspaper of general circulation published in the city or village where the business is to be located, or, if there is no newspaper in the city or village, in some newspaper of general circulation in the county. Proof of such publication shall be filed in the office of the Secretary of State within forty-five days from the date of registration in the office of the Secretary of State. If proof of publication is not filed with the Secretary of State within the forty-five days, the registration shall be canceled by the Secretary of State.Source   Laws 1967, c. 628, § 13, p. 2104;  Laws 2010, LB690, § 2;  Laws 2013, LB209, § 2.
NE Code § 87-219.01 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-219.01 - Trade name; protest registration; procedure.

87-219.01.  Trade name; protest registration; procedure.(1) Within sixty days after the publication of a new registered trade name as provided in section 87-219, a person holding a valid registration of a trade name, corporate name, or limited liability company name may protest the registration of the new trade name. The protest shall be submitted in writing to the Secretary of State. The Secretary of State shall forward a copy of the written complaint to the new registrant who shall have thirty days to respond to the complaint in writing. If, upon review of the complaint and the response to the complaint, the Secretary of State finds that the new registered trade name violates any provision of section 87-209, the Secretary of State shall cancel such trade name. Unless the dispute over the registration of the new trade name is otherwise resolved or settled by the parties, the Secretary of State shall make his or her finding within fifteen days after the response by the new registrant.(2) The Secretary of State's decision may be appealed to the district court of Lancaster County within thirty days after notice of the decision is received by the appealing party. The appeal shall be commenced by petitioning the district court to compel the Secretary of State to cancel or reinstate such trade name, and attached to the petition shall be copies of the original filing for the trade name, proof of publication, the complaint, the response to the complaint, if any, and the Secretary of State's finding. The district court may summarily order the Secretary of State to cancel or reinstate such trade name or take any other action the district court considers appropriate. The district court's final decision may be appealed as in other civil proceedings.Source  Laws 1997, LB 453, § 17.
NE Code § 87-303.01 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.01 - Unconscionable act or practice; violation; determination.

87-303.01.  Unconscionable act or practice; violation; determination.(1) An unconscionable act or practice by a supplier in connection with a consumer transaction shall be a violation of the Uniform Deceptive Trade Practices Act.(2) The unconscionability of an act or practice shall be a question of law for the court. If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making its determination.Source   Laws 1974, LB 327, § 3;  Laws 2008, LB781, § 2.
NE Code § 87-303.02 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.02 - Deceptive trade practice or unconscionable act; Attorney General; powers.

87-303.02.  Deceptive trade practice or unconscionable act; Attorney General; powers.When the Attorney General has cause to believe that any person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may:(a) Require such person to file a statement or report in writing under oath or otherwise, on such forms as shall be prescribed by the Attorney General, as to all facts and circumstances concerning the sale, offer, or advertisement of property by such person, and such other data and information as the Attorney General deems necessary;(b) Examine under oath any person in connection with the sale or advertisement of any property;(c) Examine any property or sample thereof, record, book, document, account, or paper as the Attorney General deems necessary; or(d) Pursuant to an order of any district court, impound any record, book, document, account, paper, or sample of property which is material to such practice and retain the same in his or her possession until the completion of all proceedings undertaken under the Uniform Deceptive Trade Practices Act.Source   Laws 1974, LB 327, § 4;  Laws 2008, LB781, § 3;  Laws 2010, LB801, § 5.
NE Code § 87-303.03 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.03 - Attorney General; additional powers.

87-303.03.  Attorney General; additional powers.(1) The Attorney General, in addition to other powers conferred upon him or her by the Uniform Deceptive Trade Practices Act:(a) May issue subpoenas to require the attendance of witnesses or the production of documents, administer oaths, conduct hearings in aid of any investigation or inquiry, and prescribe such forms and adopt and promulgate such rules as may be necessary to administer the act; and(b) May issue a cease and desist order, with or without prior hearing, against any person engaged in activities in violation of the act, directing such person to cease and desist from such activity.(2) Service of any notice or subpoena may be made in the manner prescribed by the rules of civil procedure.Source   Laws 1974, LB 327, § 5;  Laws 2008, LB781, § 4;  Laws 2010, LB801, § 6.
NE Code § 87-303.04 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.04 - Attorney General; order; failure or refusal to obey; court; powers.

87-303.04.  Attorney General; order; failure or refusal to obey; court; powers.(1) If any person fails or refuses to obey any order of the Attorney General to file any statement or report, or to obey any subpoena issued by the Attorney General, pursuant to the Uniform Deceptive Trade Practices Act, the Attorney General may apply to any district court in this state for relief until such person obeys such order or subpoena or files such statement or report.(2) The court, in its order, may:(a) Grant injunctive relief restraining the sale or advertisement of any property by such person;(b) Require the attendance of or the production of documents by such person, or both;(c) Suspend or revoke any license, permit, or certificate issued pursuant to law to any such person, which may be used to further the alleged unlawful practice; or(d) Grant such other or further relief as may be necessary to obtain compliance by such person.Source   Laws 1974, LB 327, § 6;  Laws 2008, LB781, § 5.
NE Code § 87-303.05 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.05 - Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.

87-303.05.  Attorney General; temporary restraining order; civil action; written assurance of voluntary compliance; deceptive practice; burden of proof.(1) Whenever the Attorney General has cause to believe that a person has engaged in or is engaging in any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01, the Attorney General may apply for and obtain, in an action in any district court of this state, a temporary restraining order, or injunction, or both, pursuant to the rules of civil procedure, prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the use or employment by such person of any such deceptive trade practice, or which may be necessary to restore to any other person any money or real or personal property which may have been acquired by means of any such practice.(2) When the Attorney General has authority to institute a civil action or other proceeding pursuant to the Uniform Deceptive Trade Practices Act, in lieu thereof, the Attorney General may accept an assurance of discontinuance of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation by the Attorney General and of any amount or amounts necessary to restore to any person any money or real or personal property which may have been acquired by such alleged violator by means of any such practice. Proof by a preponderance of evidence of a violation of such assurance shall constitute prima facie evidence of a deceptive practice as listed in section 87-302 or 87-303.01 in any civil action or proceeding thereafter commenced by the Attorney General.Source   Laws 1974, LB 327, § 7;  Laws 2008, LB781, § 6. Annotations  Proceedings brought by the Attorney General under 87-303.05(1) are civil in nature. State ex rel. Douglas v. Ledwith, 204 Neb. 7, 281 N.W.2d 729 (1979). The requirement in this section that the Attorney General must have cause to believe deceptive trade practices exist or have existed before he institutes an action is not an essential element of the action which must be proved at trial. State ex rel. Douglas v. Ledwith, 204 Neb. 7, 281 N.W.2d 729 (1979).
NE Code § 87-303.06 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.06 - Claims not barred.

87-303.06.  Claims not barred.The Uniform Deceptive Trade Practices Act shall not bar any claim against any person who has acquired any money or real or personal property by means of any deceptive trade practice or unconscionable act listed in section 87-302 or 87-303.01.Source   Laws 1974, LB 327, § 8;  Laws 2008, LB781, § 7.
NE Code § 87-303.07 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.07 - Sale or lease agreement; unenforceable; when.

87-303.07.  Sale or lease agreement; unenforceable; when.If a buyer or lessee is induced by a violation of section 87-302 or 87-303.01 to enter into a sale or lease, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his or her option, may rescind the agreement or retain the merchandise delivered and the benefit of any services performed without any obligation to pay for them.Source   Laws 1974, LB 327, § 9;  Laws 2008, LB781, § 8. Annotations This section, which specifically lists buyers and lessees as those protected by its provisions, does not apply to guarantors. Lindsay Internat. Sales & Serv. v. Wegener, 301 Neb. 1, 917 N.W.2d 133 (2018).
NE Code § 87-303.08 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.08 - Violations; penalty.

87-303.08.  Violations; penalty.Any person who violates the Uniform Deceptive Trade Practices Act shall be guilty of a Class II misdemeanor except as otherwise provided in the act.Source   Laws 1974, LB 327, § 10;   Laws 1979, LB 257, § 7;   Laws 1988, LB 180, § 2;   Laws 1990, LB 656, § 22;   Laws 1993, LB 305, § 33.
NE Code § 87-303.09 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.09 - Injunction, declaratory judgment, written assurance; violation; penalty.

87-303.09.  Injunction, declaratory judgment, written assurance; violation; penalty.Any person who willfully violates the terms of an injunction or declaratory judgment of the court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be guilty of a Class IV felony.Source   Laws 1974, LB 327, § 11;   Laws 1990, LB 656, § 23.
NE Code § 87-303.10 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.10 - Civil action; statute of limitations.

87-303.10.  Civil action; statute of limitations.A civil action arising under the Uniform Deceptive Trade Practices Act may be brought only within four years from the date of the purchase of goods or services.Source   Laws 1976, LB 820, § 2;   Laws 1990, LB 656, § 24.
NE Code § 87-303.11 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.11 - Violations; civil penalty; recovery; procedure.

87-303.11.  Violations; civil penalty; recovery; procedure.Any person who violates section 87-302 or 87-303.01 or who willfully violates the terms of an injunction or declaratory judgment of a district court or the terms of a written assurance of voluntary compliance entered into pursuant to the Uniform Deceptive Trade Practices Act shall be subject to a civil penalty of not more than two thousand dollars for each violation. The Attorney General, acting in the name of the state, may seek recovery of such civil penalties in a civil action. For purposes of this section, the district court which issues any injunction shall retain jurisdiction and the cause shall be continued while the Attorney General seeks the recovery of such civil penalties.Source   Laws 1990, LB 656, § 25;   Laws 1993, LB 305, § 34.
NE Code § 87-303.12 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-303.12 - Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene.

87-303.12.  Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene.(1) A party filing a petition, counterclaim, cross-petition, or pleading in intervention alleging a violation under the Uniform Deceptive Trade Practices Act, within seven days following the date of filing such pleading, shall provide a copy to the Attorney General and, within seven days following entry of any final judgment in the action, shall provide a copy of the judgment to the Attorney General. This subsection does not apply to Small Claims Court actions, except as provided in subsection (2) of this section.(2) A party appealing a Small Claims Court order or judgment to district court involving an issue raised under the act, within seven days of providing notice of the appeal, shall notify the Attorney General in writing and provide a copy of the pleading raising the issue and a copy of the Small Claims Court order or judgment.(3) A party appealing an order or judgment involving an issue raised under the act, within seven days following the date such notice of appeal is filed with the court, shall notify the Attorney General in writing and provide a copy of the pleading raising the issue and a copy of the court order or judgment being appealed.(4) Upon timely application to the court in which an action involving an issue raised under the act is pending, the Attorney General may intervene as a party at any time or may be heard at any time. The Attorney General's failure to intervene shall not preclude the Attorney General from bringing a separate enforcement action.(5) All copies of pleadings, orders, judgments, and notices required by this section to be sent to the Attorney General shall be sent by certified mail unless the Attorney General has previously been provided such copies of the pleadings, orders, judgments, or notices in the same action by certified mail, in which case subsequent mailings may be made by regular mail. Failure to provide the required mailings to the Attorney General shall not be grounds for dismissal of an action under the act, but may be grounds for a subsequent action by the Attorney General to vacate or modify the judgment.Source Laws 2010, LB801, § 4.
NE Code § 87-304 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-304 - Applicability of act.

87-304.  Applicability of act.(a) The Uniform Deceptive Trade Practices Act does not apply to:(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or(3) Actions or appeals pending (a) on December 25, 1969, under the Uniform Deceptive Trade Practices Act as such act existed immediately prior to March 25, 1974, or (b) under such act as amended and sections 87-303.01 to 87-303.09 on March 25, 1974.(b) Subdivisions (a)(2) and (a)(3) of section 87-302 do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before December 25, 1969, if the use was in good faith and is otherwise lawful except for the Uniform Deceptive Trade Practices Act.(c) The Uniform Deceptive Trade Practices Act shall apply to deceptive trade practices conducted in whole or in part within the State of Nebraska against residents or nonresidents of this state. The act shall also apply to deceptive trade practices conducted outside of Nebraska against residents of this state if there is a direct connection to any deceptive trade practices conducted in whole or in part within this state.Source   Laws 1969, c. 855, § 4, p. 3224;   Laws 1974, LB 327, § 12;  Laws 2008, LB781, § 9.
NE Code § 87-305 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-305 - Act, how construed.

87-305.  Act, how construed.The Uniform Deceptive Trade Practices Act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.Source   Laws 1969, c. 855, § 5, p. 3224;   Laws 1974, LB 327, § 13;  Laws 2008, LB781, § 10.
NE Code § 87-306 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-306 - Act, how cited.

87-306.  Act, how cited.Sections 87-301 to 87-306 shall be known and may be cited as the Uniform Deceptive Trade Practices Act.Source   Laws 1969, c. 855, § 6, p. 3224;   Laws 1974, LB 327, § 14;   Laws 1990, LB 656, § 26;  Laws 2010, LB801, § 7.
NE Code § 87-401 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-401 - Legislative intent.

87-401.  Legislative intent.The Legislature finds and declares that distribution and sales through franchise arrangements in the state vitally affect the general economy of the state, the public interest and public welfare. It is therefor necessary in the public interest to define the relationship and responsibilities of franchisors and franchisees in connection with franchise arrangements.Source  Laws 1978, LB 202, § 1. Annotations  Prior to the enactment of this and the following sections constituting the Nebraska Franchise Practices Act, the law of Nebraska generally was that any person might do or refuse to do business with whomsoever he desired; in no event was there a public policy then existing of requiring franchises to be terminated only upon the existence of good cause shown. McArtor v. Mobil Oil Corp., 212 Neb. 592, 324 N.W.2d 399 (1982). The Nebraska Franchise Practices Act will not be applied retrospectively. McDonald's Corp. v. Markim, Inc., 209 Neb. 49, 306 N.W.2d 158 (1981).
NE Code § 87-402 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-402 - Terms, defined.

87-402.  Terms, defined.For purposes of the Franchise Practices Act, unless the context otherwise requires:(1) Franchise means (a) a written arrangement for a definite or indefinite period, in which a person grants to another person for a franchise fee a license to use a trade name, trademark, service mark, or related characteristics and in which there is a community of interest in the marketing of goods or services at wholesale or retail or by lease, agreement, or otherwise and (b) any arrangement, agreement, or contract, either expressed or implied, for the sale, distribution, or marketing of nonalcoholic beverages at wholesale, retail, or otherwise. Franchise shall not include any arrangement, agreement, or contract, either expressed or implied, for the sale, distribution, or marketing of petroleum products at wholesale, retail, or otherwise;(2) Person means every natural person, firm, partnership, limited liability company, association, or corporation;(3) Franchisor means a person who grants a franchise to another person;(4) Franchisee means a person to whom a franchise is offered or granted;(5) Franchise fee includes any payment made by the franchisee to the franchisor other than a payment for the purchase of goods or services, for a surety bond, for a surety deposit, or for security for payment of debts due;(6) Sale, transfer, or assignment means any disposition of a franchise or any interest therein, with or without consideration, which shall include, but not be limited to, bequest, inheritance, gift, exchange, lease, or license;(7) Place of business means a fixed geographical location at which the franchisee displays for sale and sells the franchisor's goods or offers for sale and sells the franchisor's services. Place of business shall not mean an office, a warehouse, a place of storage, a residence, or a vehicle;(8) Good cause for terminating, canceling, or failure to renew a franchise is limited to failure by the franchisee to substantially comply with the requirements imposed upon him or her by the franchise; and(9) Noncompete agreement means any agreement between a franchisor and a franchisee, a guarantor, or any person with a direct or indirect beneficial interest in the franchise that restricts the business activities in which such persons may engage during or after the term of the franchise. Noncompete agreement includes any stand-alone agreement or any covenant not to compete provision within a franchise agreement or ancillary agreement.Source   Laws 1978, LB 202, § 2;   Laws 1989, LB 371, § 24;   Laws 1993, LB 121, § 559;  Laws 2016, LB942, § 2.  Annotations Franchise agreements are not required to be written. Regnev, Inc. v. Shasta Beverages, 215 Neb. 230, 337 N.W.2d 783 (1983).