reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-22 Application for registration.

§482-22 Application for registration.
(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth at least the following information:
(1) The name and business address of the person or entity applying for such registration and the state of organization or incorporation, or if a partnership, the state in which the partnership is formed;
(2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services, and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere, and the date when it was first used in this State by the applicant or a predecessor in interest; and
(4) A statement that the applicant is the owner of the mark, the mark is in use, and to the knowledge of the person verifying the application, no other person has registered, either federally or in this State, or has the right to use, the mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.
(b) The director may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall fully disclose the filing date and serial number of each application, the status of the application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
(c) The director may also require that a drawing of the mark accompany the application and comply with requirements the director may specify in rules.
(d) The application shall be signed and verified by the applicant, a member of the firm, or an officer of the corporation or association applying. The application shall be accompanied by one specimen per class of goods or services showing the mark as actually used on or in connection with such goods or services and the application fee payable to the director. [L 2001, c 15, pt of §1; am L 2003, c 124, §93]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-23 Filing of applications; appeal.

§482-23 Filing of applications; appeal.
(a) Upon the filing of an application for registration and payment of the application fee, the director shall cause the application to be examined for conformity with this part.
(b) The applicant shall provide any additional pertinent information requested by the director including a description of a design mark and may make, or authorize the director to make, such amendments to the application as may be reasonably requested by the director or deemed by the applicant to be advisable to respond to any rejection or objection.
(c) The director may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights in the disclaimed matter, or the applicant's or registrant's rights of registration in another application if the disclaimed matter is or will become distinctive of the applicant's or registrant's goods or services.
(d) If the application for registration of a mark is denied, the director shall notify the applicant of the denial and the reasons for the denial. An applicant may appeal the director's denial of an application for registration of a mark in accordance with section 91-13.1.
(e) Applications concurrently being processed by the director and seeking registration of the same or confusingly similar marks for the same or related goods or services shall be reviewed in the order that they are filed. If an earlier-filed application is granted registration, the other applications seeking registration of the same or confusingly similar marks for the same or related goods or services shall be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with section 482-28. [L 2001, c 15, pt of §1; am L 2003, c 124, §94]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-24 Certificate of registration.

§482-24 Certificate of registration.
(a) Upon compliance by the applicant with the requirements of this part, the director shall issue a certificate of registration to the applicant.
(b) The original or a copy certified by the director of a certificate of registration issued under this part shall be admissible in evidence as sufficient proof of the registration of a mark in any action or judicial proceeding in any court of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §95]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-25 Duration and renewal.

§482-25 Duration and renewal.
(a) The registration of a mark shall be effective for a term of five years from the date of registration. A renewal fee, payable to the director, shall accompany the application for renewal of the registration.
(b) A registration may be renewed for successive periods of five years by filing a renewal application within six months prior to the expiration of the current term, complying with the renewal requirements prescribed by this chapter, and paying the appropriate renewal fee.
(c) Any registration in effect on July 1, 2003, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the director in accordance with this section.
(d) All applications for renewal under this part shall include a verified statement that the mark has been and is still in use, and include a specimen showing actual use of the mark on or in connection with the goods or services for each class of goods and services. [L 2001, c 15, pt of §1; am L 2003, c 124, §96]
Revision Note
In subsection (c), "July 1, 2003," substituted for "the date on which this part becomes effective".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-26 Assignment; change of name.

§482-26 Assignment; change of name.
(a) The registration of a mark shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. An assignment shall be executed in writing and may be recorded by filing an application with the director and paying an appropriate recording fee. Upon recording of the assignment, the director shall issue a new certificate for the remainder of the term of the registration or of the last renewal thereof in the name of the new assignee. An assignment of a registration of a mark under this section shall be void against a subsequent purchaser for valuable consideration without notice, unless the assignment is recorded with the director within three months after the date thereof or prior to the subsequent purchase.
(b)
Any registrant may change the name of the person to whom the mark is issued by filing an application to change the name of the registrant with the director and paying the appropriate fee. The director shall issue a new certificate of registration in the name of the registrant. [L 2001, c 15, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-27 Records.

§482-27 Records.
The director shall maintain a record of all marks registered or renewed under this part, including a record of all marks recorded pursuant to section 482-26. [L 2001, c 15, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-28 Cancellation.

§482-28 Cancellation.
The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record or when a court of competent jurisdiction orders cancellation of a registration. [L 2001, c 15, pt of §1; am L 2003, c 124, §97]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-28.5 Revocation of a mark.

§482-28.5 Revocation of a mark.
(a) Any person claiming to be the owner of a trademark or service mark for which a certificate of registration has been issued to another person pursuant to this part may file a verified petition in the office of the director for the revocation of the registration of the mark on the basis that:
(1) The registered mark has been abandoned;
(2) The registered mark has not been used by the registrant in accordance with the declaration either in this State or elsewhere in the United States for a period of three hundred sixty-five consecutive days and has not been registered in the name of the registrant in the United States Patent and Trademark Office;
(3) The registration was granted improperly;
(4) The registration was obtained fraudulently;
(5) The registered mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(6) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of filing the application for registration under this part; provided that if a registrant proves that the registrant is the owner of a concurrent registration of a mark registered in the United States Patent and Trademark Office that covers an area including this State, the registration shall not be revoked for such an area.
The petition shall set forth facts in support of the petitioner's ownership of the mark and the claim for revocation.
(b) The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.
(c) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L 2003, c 124, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-29 Classification.

§482-29 Classification.
The director to the extent practical shall establish a classification of goods and services corresponding to the classification adopted by the United States Patent and Trademark Office for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark shall be submitted for each appropriate class and such goods upon which or each service with which the mark is actually being used, together with the application fee. [L 2001, c 15, pt of §1; am L 2003, c 124, §98]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482B. Trade Secrets › 482B-2 Definitions.

§482B-2 Definitions.
As used in this chapter, unless the context requires otherwise:
"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.
"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 or 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 the person's knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) 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 the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
"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.
"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. [L 1989, c 221, pt of §1]
Case Notes
A contact list, as alleged by plaintiff, is similar to a customer list, which courts generally find to be protected as a trade secret. 780 F. Supp. 2d 1061 (2011).
Improper retention and use of confidential information to solicit proposed funding qualifies as misappropriation of a trade secret as contemplated by this chapter. 780 F. Supp. 2d 1061 (2011).
Under the federal Defend Trade Secrets Act and the Hawaii Uniform Trade Secrets Act, plaintiff, a drug testing services provider, was granted a preliminary injunction against defendants, a competitor and former employees; where plaintiff had lost at least six clients to defendants due to their misappropriation of client information, which was a protected trade secret, as well as lying to clients about plaintiff's viability and loss of accreditation. Plaintiff lost, and would continue to lose, goodwill in the eyes of its clients and was likely to suffer irreparable harm in the absence of preliminary relief. 341 F. Supp. 3d 1147 (2018).
Trade secrets may be subject to equitable division pursuant to §580-47, depending upon when the right to the trade secret vested. 99 H. 101, 53 P.3d 240.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-5 Identifying plated articles; words "gold", "karat gold", "solid gold", "ster", "sterling", "sterling silver", or "coin silver" forbidden.

§482D-5 Identifying plated articles; words "gold", "karat gold", "solid gold", "ster", "sterling", "sterling silver", or "coin silver" forbidden.
No article made in whole or in part of an inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto a plating, covering, or sheet composed of gold or silver, or of an alloy of either of these metals, and known in the market as rolled gold plate, gold plate, gold filled, silver plate, or by any similar designation, shall be stamped with any word or mark to indicate the fineness of gold including the word "gold", "solid gold", or "karat gold" unless the word or mark is accompanied by other words, plainly indicating that the article or part thereof is made of rolled gold plate, gold plate, or gold electroplate, or is gold filled, as the case may be, and no such article shall be stamped with the word "ster", "sterling", "sterling silver", or the word "coin silver" either alone or in conjunction with other words or marks. [L 1990, c 343, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-6 Quality marks; identifying trademarks.

§482D-6 Quality marks; identifying trademarks.
(a) No article of merchandise bearing a quality or fineness mark made in whole or in part of gold or silver or of an alloy of either metal shall be sold, offered for sale, imported into, or exported from the State unless it is stamped with a trademark that has been registered under the laws of the United States or applied for registration within thirty days of being imported or offered for sale in the State.
(b) Every article of merchandise which is composed of two or more parts which are complete in themselves but which are not identical in quality, and any one of the parts bears a quality mark or stamp, each other part of that article of merchandise shall bear a quality mark or stamp of like pattern and size disclosing the quality of that other part.
(c) Each identifying trademark applied to any article of merchandise in compliance with this section shall be applied in a position as close as possible to the quality mark or stamp and shall be as clear and legible as the quality mark. [L 1990, c 343, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-7 Violation of fineness standards and stamping requirements.

§482D-7 Violation of fineness standards and stamping requirements.
(a) A person
commits a criminal offense if the person is a manufacturer or dealer of gold or silver articles of merchandise and the person sells or possesses articles of merchandise which violates section 482D-3, 482D-4, or 482D-5. If the aggregate value of the articles which violate section 482D-3, 482D-4, or 482D-5 is $300 or less, the offense shall be a misdemeanor. If the aggregate value of the articles which violate section 482D-3, 482D-4, or 482D-5 exceeds $300, the offense shall be a class C felony.
(b) Each and every person, being a manufacturer of or a wholesale or retail dealer in gold or silver jewelry or articles, who shall knowingly violate section 482D-3, 482D-4, or 482D-5, shall be deemed guilty of a class C felony. [L 1990, c 343, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-8 Violation of trademarking requirement.

§482D-8 Violation of trademarking requirement.
Any person, being a manufacturer or dealer of gold or silver articles of merchandise, who sells or possesses articles which are not stamped with a trademark as required by section 482D-6 shall:
(1) Be guilty of a misdemeanor for the first offense; and
(2) Be guilty of a class C felony for any subsequent offense. [L 1990, c 343, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-9 Contraband; forfeiture.

§482D-9 Contraband; forfeiture.
(a) It is unlawful for any manufacturer or dealer to possess any article of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, or 482D-6. All articles of merchandise found to be in violation of section 482D-3, 482D-4, 482D-5, or 482D-6 shall be contraband and subject to seizure and forfeiture as provided in part VII, chapter 708 and chapter 712A. Any articles seized and forfeited pursuant to this section, and any proceeds thereof, may be made available to any victim who has a valid claim for loss or damage against the person from whom the articles were seized.
(b) This section shall not apply to antiques and second-hand jewelry.
(c) As used in this section, unless the context otherwise requires:
"Antique" means any article of merchandise that is at least one hundred years old.
"Second-hand jewelry" means any jewelry offered for sale after the first sale to a consumer. [L 1990, c 343, pt of §2; am L 1997, c 31, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482D. Gold and Silver Stamping › 482D-10 Injunctive relief and suits.

§482D-10 Injunctive relief and suits.
(a) Any competitor, customer, or competitor of a customer of any person in violation of this chapter, or any subsequent purchaser of an article of merchandise which violates this chapter shall be entitled to injunctive relief restraining further violations and may sue as the real party in interest in any circuit court of the State, and shall recover damages and the cost of suit, including reasonable attorney's fees.
(b) If the court determines that the action was brought frivolously, for purposes [of] harassment, or in implementation of any scheme in restraint in trade, it may award court costs, reasonable attorney's fees and any other remedies, including punitive damages, the court deems reasonable.
(c) Any defendant against whom a civil action is brought under the provisions of this chapter shall be entitled to recover the cost of defending the suit, including a reasonable attorney's fee, in the event such action is terminated without a finding by the court that such defendant is or has been in violation of this chapter. [L 1990, c 343, pt of §2]
Cross References
Vexatious litigants, see chapter 634J.
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-1 Purpose and intent.

§482E-1 Purpose and intent.
(a) The purpose of this chapter is to regulate the sale of franchises in the State to minimize losses to the franchisee in cases where the franchisor or the franchisor's representative has not provided full and complete information regarding:
(1) The franchisor-franchisee relationship;
(2) The details of the contract between the franchisor and franchisee; and
(3) The prior business experience of the franchisor.
(b) It is the intent of the legislature to:
(1) Provide each prospective franchisee with the information necessary to make an intelligent decision regarding franchises being offered;
(2) Prohibit the sale of franchises that would lead to fraud or a likelihood that the franchisor's promises would not be fulfilled; and
(3) Protect the franchisor or subfranchisor by providing a better understanding of the relationship between the franchisor or subfranchisor and the franchisee with regard to their business relationship. [L 1974, c 18, pt of §1; gen ch 1985; am L 2008, c 19, §46]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-4 Exemptions.

§482E-4 Exemptions.
(a) Sections 482E-3, 482E-5(a) and 482E-5(c) shall not apply to:
(1) Any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.
(2) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the Investment Company Act of 1940, pension or profit sharing trust, or other financial institution or institutional buyer or to a broker dealer where the purchaser is acting for itself or in some fiduciary capacity.
(3) Any motor vehicle franchise subject to chapter 437.
(4) The offer or sale to a franchisee or prospective franchisee where the franchisee or prospective franchisee is not domiciled in this State and where the franchise business will not be operated in this State.
(5) The extension or renewal of an existing franchise or the exchange or substitution of a modified or amended franchise agreement or the transfer of the location of a franchise where there is no interruption in the operation of the franchise business of the franchisee, and no material change in the franchise relationship.
(6) The offer or sale of an additional franchise to an existing franchisee of the same franchisor.
(7) The offer or sale of a franchise by a franchisee for the franchisee's own account, or the issuance of a new franchise agreement pursuant to a sale by a franchisee for the franchisee's own account, if the sale is an isolated sale and not part of a plan of distribution of franchises.
(b) The director may by rule or order exempt from sections 482E-3, 482E-5(a) and 482E-5(c) in whole or in part, any transaction or person, firm, corporation, or industry. In determining whether such exemption shall issue, the director shall consider whether information which would be required to be disclosed would be material in determining whether the prospective franchise has a reasonable chance of success and whether the exemption is in the public interest. [L 1974, c 18, pt of §1; am L 1976, c 200, pt of §1; am L 1978, c 242, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Cross References
Sheriff, etc., see §26-14.6.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482E. Franchise Investment Law › 482E-9 Civil liability.

§482E-9 Civil liability.
(a) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by section 482E-6 shall constitute an unfair or deceptive act or practice under chapter 480.
(b) Any person who sells or offers to sell a franchise in violation of this chapter shall be liable to the franchisee or subfranchisor who may sue for damages caused thereby or for rescission or other relief as the court may deem appropriate. In the case of a violation of section 482E-5(b) rescission is not available to the plaintiff if the defendant proves that the plaintiff knew the facts concerning the untruth or admission or that the defendant exercised reasonable care and did not know or if the defendant had exercised reasonable care would not have known of the untruth or admission.
(c) The suit authorized under subsection (b) may be brought to recover the actual damages sustained by the plaintiff together with the cost of the suit including reasonable attorneys' fees and the court may in its discretion increase the award of damages to an amount not to exceed three times the actual damages sustained.
(d) Any person who becomes liable to make payments under this section may recover contributions as in cases of contracts from any persons who, if sued separately, would have been liable to make the same payment.
(e) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or administrative proceedings under the United States anti-trust laws, under the Federal Trade Commission Act, or this chapter shall be regarded as evidence against such persons in an action brought by any party against such person under subsections (a) and (b) as to all matters which said judgment or decree would be an estoppel between the parties thereto. [L 1974, c 18, pt of §1; am L 1978, c 242, §10; gen ch 1985]
Case Notes
Subsection (a) does not create a private cause of action for franchisees with respect to deceptive practices; plaintiffs stated a claim for liability under this section where alleged activity fell within scope of §482E-6(2)(C). 895 F. Supp. 1365.