reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500. Definitions

§1500. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 235, §1 (NEW).]
1.  Assistive device.
"Assistive device" means any device that a consumer purchases or accepts transfer of in this State that is used within manufacturer specifications by a person with a disability within the meaning of the federal Americans with Disabilities Act to offset the effect of the disability and enhance function in carrying out a major life activity. "Assistive device" includes, but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters and other aids that enhance the mobility of the individual; hearing aids, telephone communications devices for the deaf, or TDD, assistive listening devices and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, braille printers and other devices that enhance a sight-impaired individual's ability to communicate; and any other assistive device that enables a person with a disability to communicate, see, hear or maneuver. "Assistive device" does not include a hearing aid as defined by Title 32, section 17101, subsection 8.
[PL 2007, c. 369, Pt. B, §1 (AMD); PL 2007, c. 369, Pt. C, §5 (AFF).]
2.  Consumer.
"Consumer" means a person who purchases or leases an assistive device from a dealer or manufacturer for purposes other than resale; a person to whom an assistive device is transferred for purposes other than resale while an express warranty is in effect; a funding source that purchases a device for a person with a disability; or a person otherwise legally qualified to enforce a warranty.
[PL 1997, c. 235, §1 (NEW).]
3.  Nonconformity.
"Nonconformity" means a condition or a defect that substantially impairs the use, value or safety of an assistive device that is covered by an express warranty applicable to that assistive device, or to a component of that assistive device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive device by the consumer.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW). PL 2007, c. 369, Pt. B, §1 (AMD). PL 2007, c. 369, Pt. C, §5 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-A. Trial period

§1500-A. Trial period
All assistive devices as defined in this chapter must be sold subject to a 30-day trial. A consumer may return an assistive device to the dealer from which it was purchased within the 30-day trial period if the device is not specifically fit for the consumer's particular needs and receive a full refund, after satisfaction of any perfected security interests, if the assistive device has not been damaged, abused or altered by the consumer. If the assistive device was purchased with insurance or public funds, the refund must be returned to the funding source. This section does not apply to an assistive device for which a trial period is already specifically addressed by another law.   [PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-B. Express warranty

§1500-B. Express warranty
1.  Warranty.
A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall warranty that the assistive device is in conformity with the terms of this subsection and shall furnish the consumer with a written express warranty for the assistive device. In the case of a sale, the duration of the express warranty must be at least one year from the date of the initial setup of the assistive device for the consumer. In the case of a lease, the duration of the express warranty must be for the duration of the lease. In both cases, the warranty must provide that the assistive device is free from any condition or defect that substantially impairs its value to the consumer during the warranty period. In the absence of an express warranty, the manufacturer is deemed to have made this warranty.
[PL 1997, c. 235, §1 (NEW).]
2.  Repair.
If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair during the warranty period, the nonconformity must be repaired at no charge to the consumer or the funding source. If a repair is required, a replacement or loan of a comparable assistive device must be provided to the consumer as soon as feasible at no charge. In the case of a lease, lease payments must be suspended during any part of the repair period that a comparable assistive device has not been provided.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-C. Replacement of defective devices; refunds

§1500-C. Replacement of defective devices; refunds
1.  Reasonable attempt to repair.
A reasonable attempt to repair an assistive device to conform it to the express warranty is deemed to have been undertaken if:
A. The same conformity has been subject to repair 3 or more times by the manufacturer or its agents or authorized dealers within the express warranty term and the nonconformity continues; or   [PL 1997, c. 235, §1 (NEW).]
B. The assistive device is out of service for a cumulative total of 30 days or more because of warranty nonconformity.   [PL 1997, c. 235, §1 (NEW).]
[PL 1997, c. 235, §1 (NEW).]
2.  Refund and replacement.
If, after a reasonable attempt to repair the nonconformity, the nonconformity is not repaired, the manufacturer must accept return of the assistive device and, at the option of the consumer, refund the full purchase price to the consumer after satisfaction of any applicable perfected security interests or replace the assistive device with a comparable new assistive device. If the assistive device was purchased with public funds or insurance coverage on behalf of the consumer, the manufacturer shall notify the funder and, at the option of the consumer, replace the assistive device with a comparable new assistive device or refund to the funder the total reimbursement amount so that another suitable device may be purchased.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-D. Disclosure at time of resale

§1500-D. Disclosure at time of resale
An assistive device that is returned to the manufacturer under section 1500‑C may not be sold without clear written disclosure to any subsequent purchaser, whether that purchaser is a consumer or a dealer, that the assistive device was returned to the manufacturer under this chapter and a written description of the nonconformity for which the assistive device was returned.   [PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-E. Other remedies

§1500-E. Other remedies
1.  Rights.
This section may not be construed to limit rights or remedies available to a consumer under any other law.
[PL 1997, c. 235, §1 (NEW).]
2.  Enforcement.
A consumer may bring an action to recover for damages caused by a violation of this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, plus reasonable costs and attorney's fees.
It is a valid defense to an action brought under this subsection if, at the time of sale, the dealer had no reasonable way of knowing that the device was intended to be used within manufacturer specifications by the consumer as an assistive device as defined by section 1500, subsection 1.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES › 10 §1500-F. Waiver

§1500-F. Waiver
Any waiver of rights under this chapter by a consumer is void.   [PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 228: SALE OF INDIAN ARTS AND CRAFTS PRODUCTS › 10 §1500-G. Unlawful acts; deceptive trade practice

§1500-G. Unlawful acts; deceptive trade practice
1.  False representation of authentic Indian products.
A person may not offer or display for sale or sell goods in a manner that falsely suggests the goods are Indian-produced, Indian products or the products of a particular Indian or Indian tribe or Indian arts and crafts organization in a manner that violates 25 United States Code, Section 305e.
[PL 2023, c. 405, Pt. A, §23 (AMD).]
2.  Unfair trade practice.
A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10. An action brought under this chapter by the Office of the Attorney General may not preclude a person from bringing a civil action to obtain injunctive or equitable relief or damages under 25 United States Code, Section 305e.
[PL 2013, c. 302, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 302, §1 (NEW). PL 2023, c. 405, Pt. A, §23 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 231: POSING AS A GOVERNMENTAL ENTITY OR AGENT IN COMMERCE › 10 §1500-L. Posing as a governmental entity or agent in commerce

§1500-L. Posing as a governmental entity or agent in commerce
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Governmental entity" means a unit, subdivision or entity of the Federal Government, the State, a county, a municipality or another state, including an agency, department, board, commission, bureau, division or military or public safety organization.   [PL 2017, c. 475, Pt. A, §14 (NEW).]
[PL 2017, c. 475, Pt. A, §14 (NEW).]
2.  False representation of posing as a governmental entity or agent in commerce.
A person who is not an official, agent or representative of a governmental entity or who does not have express approval of a governmental entity may not in commerce:
A. Represent, imply or otherwise cause a likelihood of confusion that the person is an official, agent or representative of a governmental entity in the sale, advertising for sale, marketing, offering, distribution or solicitation of any goods or services;   [PL 2017, c. 475, Pt. A, §14 (NEW).]
B. Simulate a summons, complaint, jury notice, tax form or other judicial or administrative process or make an untrue statement that any good, service, advertisement or offer was sent or distributed by or has been approved, authorized or endorsed in whole or in part by a governmental entity;   [PL 2017, c. 475, Pt. A, §14 (NEW).]
C. Use language or a symbol, logo, representation, statement, title, name, seal, emblem, insignia, trade or brand name, business or control tracking number, website, e-mail address or any other term or content that falsely represents or implies or otherwise causes a likelihood of confusion that any goods, services, advertisement or offer is from a governmental entity; or   [PL 2017, c. 475, Pt. A, §14 (NEW).]
D. Offer a document that is available free of charge or at a lesser price from a governmental entity without conspicuously disclosing that availability in a manner that is clearly visible to a consumer.   [PL 2017, c. 475, Pt. A, §14 (NEW).]
[PL 2017, c. 475, Pt. A, §14 (NEW).]
3.  Unfair trade practice.
A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10.
[PL 2017, c. 475, Pt. A, §14 (NEW).]
SECTION HISTORY
PL 2017, c. 475, Pt. A, §14 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 235: PAYMENT FOR HARVESTING WOOD › 10 §1500-Q. Payment for harvesting wood

§1500-Q. Payment for harvesting wood
An entity that contracts with a person to harvest wood and place the wood roadside so that the entity is able to have the wood hauled away for use or processing must pay the person within 30 days of the person's fulfilling the contract and placing the wood roadside. The Department of Agriculture, Conservation and Forestry or a person licensed to scale wood pursuant to section 2365‑A under contract with the department shall conduct random inspections to ensure that entities are complying with the requirements of this section.   [PL 2023, c. 357, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 357, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1501. Use of another's trademark; penalty (REPEALED)

§1501. Use of another's trademark; penalty
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1502. Unauthorized use of business names (REPEALED)

§1502. Unauthorized use of business names
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1503. Filing certificate with Secretary of State (REPEALED)

§1503. Filing certificate with Secretary of State
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1504. False oath; mandamus to compel recording (REPEALED)

§1504. False oath; mandamus to compel recording
(REPEALED)
SECTION HISTORY
PL 1967, c. 441, §2 (AMD). PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1505. Exclusive use; rights assignable (REPEALED)

§1505. Exclusive use; rights assignable
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1506. Recording of certificates and assignments; copies as evidence (REPEALED)

§1506. Recording of certificates and assignments; copies as evidence
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1507. Counterfeits and sale of counterfeits; penalty (REPEALED)

§1507. Counterfeits and sale of counterfeits; penalty
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1508. Counterfeiting recorded trademarks (REPEALED)

§1508. Counterfeiting recorded trademarks
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1509. Fraudulent use of trademarks (REPEALED)

§1509. Fraudulent use of trademarks
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1510. Security interest in trademarks (REPEALED)

§1510. Security interest in trademarks
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301: GENERAL PROVISIONS (REPEALED) › 10 §1511. Existing rights not abridged (REPEALED)

§1511. Existing rights not abridged
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §3 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1521-A. Use of marks

§1521-A. Use of marks
For the purpose of this chapter, a mark is determined to be used in this State on goods when it is placed in any manner on the goods or their containers or the displays associated with the goods or on the tags or labels affixed to the goods and the goods are sold or otherwise distributed in the State and on services when it is used or displayed in the sale or advertising of services and the services are rendered in this State.   [PL 1991, c. 465, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1523. Attested copy

§1523. Attested copy
Upon compliance by the applicant with the requirements of this chapter, the Secretary of State shall promptly make a copy of the original and attest that copy by marking upon it the same endorsement that is required to appear upon the original, together with a further endorsement that the copy is a true copy of the original document. The attested copy must be returned to the person submitting the document for filing or to that person's representative.   [PL 1997, c. 376, §2 (AMD).]
An attested copy issued by the Secretary of State under this section or a copy duly certified by the Secretary of State is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this State.   [PL 1997, c. 376, §2 (AMD).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW). PL 1997, c. 376, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1524. Duration and renewal

§1524. Duration and renewal
Registration of a mark is effective for a term of 10 years from the date of registration. Upon application filed within 6 months prior to the expiration of the term, on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of $60, payable to the Treasurer of State, must accompany the application for renewal of the registration.   [PL 2003, c. 673, Pt. WWW, §2 (AMD); PL 2003, c. 673, Pt. WWW, §37 (AFF).]
A mark registration may be renewed for successive periods of 10 years in like manner.   [PL 1979, c. 572, §2 (NEW).]
The Secretary of State shall notify each registrant of a mark under this chapter of the necessity of renewal within the year next preceding the expiration of the 10 years from the date of registration, by writing to the last known address of the registrant.   [PL 1979, c. 572, §2 (NEW).]
Any registration in force on the date on which this chapter becomes effective shall expire 10 years from the date of the registration or one year after the effective date of this chapter, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by him and paying the renewal fee within 6 months prior to the expiration of the registration.   [PL 1979, c. 572, §2 (NEW).]
All applications for renewals under this chapter, whether of registrations made under this chapter or of registrations effected under any prior Act, shall include a statement that the mark is still in use in this State.   [PL 1979, c. 572, §2 (NEW).]
The Secretary of State shall, within 6 months after the effective date of this chapter, notify all registrants of marks under prior Acts of the date of expiration of the registrations, unless renewed in accordance with this chapter by writing by first class mail to the last known address of each registrant.   [PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW). PL 1987, c. 561, §2 (AMD). PL 2003, c. 673, §WWW2 (AMD). PL 2003, c. 673, §WWW37 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1525. Assignment

§1525. Assignment
1.  Recording.
Any mark and its registration are assignable with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment must be by an instrument in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $40 payable to the Treasurer of State. The Secretary of State, upon recording of an assignment, shall issue an attested copy in the name of the assignee. The assignment is valid for the remainder of the term of the registration or of the last renewal. An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within 3 months after the date thereof or prior to the subsequent purchase.
[PL 1997, c. 376, §3 (AMD).]
2.  Corporate, limited liability company or partnership name.
Any registrant of a mark that has been duly recorded pursuant to section 1523 may grant to any domestic or foreign corporation, limited liability company, limited liability partnership or limited partnership authorized to do business in this State the exclusive right to the use of a name similar to that mark.
[PL 1997, c. 376, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW). PL 1987, c. 561, §3 (AMD). PL 1993, c. 316, §6 (AMD). PL 1993, c. 718, §B3 (AMD). PL 1995, c. 633, §C3 (AMD). PL 1997, c. 376, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1525-A. Amendment

§1525-A. Amendment
The registration of a mark may be amended by adding or removing one or more classes of goods and services under section 1527, subsection 2. The amendment must be in writing and recorded with the Secretary of State and accompanied by a filing fee of $10 for each class affected, payable to the Treasurer of State. The Secretary of State may prescribe a form for this purpose. The Secretary of State upon recording of an amendment shall issue an attested copy. The amendment is valid for the remainder of the term of the registration or of the last renewal.   [PL 1997, c. 376, §5 (AMD).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW). PL 1997, c. 376, §5 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1526. Records

§1526. Records
The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter.   [PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1526-A. Information requests (REPEALED)

§1526-A. Information requests
(REPEALED)
SECTION HISTORY
PL 1991, c. 780, §U2 (NEW). PL 1991, c. 837, §A27 (NEW). PL 1993, c. 349, §25 (RPR). PL 2007, c. 231, §1 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1527-A. Powers of the Secretary of State

§1527-A. Powers of the Secretary of State
The Secretary of State has the power and authority reasonably necessary to administer this chapter efficiently and to perform the duties imposed upon the secretary. These powers include, without limitation:   [PL 1991, c. 465, §12 (NEW).]
1.  Rulemaking.
The power to make rules not inconsistent with this chapter;
[PL 1991, c. 465, §12 (NEW).]
2.  Forms; required.
The power to prescribe forms for all documents required or permitted to be filed with the Secretary of State and to refuse to file documents not utilizing the prescribed forms to the extent possible; and
[PL 1991, c. 465, §12 (NEW).]
3.  Refuse filing of documents.
The power to refuse to file any document that is not clearly legible or may not be clearly reproducible photographically.
[PL 1991, c. 465, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1527-B. Expedited service

§1527-B. Expedited service
The Secretary of State may provide an expedited service for the processing of documents in accordance with this chapter. If the service is provided, the Secretary of State shall establish by rule a fee schedule and governing procedures in accordance with the Maine Administrative Procedure Act. All fees collected as provided by this section must be deposited into a fund for use by the Secretary of State in providing an improved filing service.   [PL 1991, c. 465, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1527-C. Access to Secretary of State's database

§1527-C. Access to Secretary of State's database
The Secretary of State may provide public access to the database of the Department of the Secretary of State through a dial-in modem, public terminals and electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may promulgate rules in accordance with the Maine Administrative Procedure Act to establish a fee schedule and governing procedures.   [PL 1991, c. 465, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1527-D. Publications

§1527-D. Publications
1.  Informational publications.
The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of these publications.
[PL 1991, c. 465, §12 (NEW).]
2.  Fund; fees deposited.
All fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State for the purpose of replacing and updating publications offered in accordance with this chapter and for funding new publications.
[PL 1991, c. 465, §12 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1528. Fraudulent registration

§1528. Fraudulent registration
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under this chapter, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the party injured in any court of competent jurisdiction.   [PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1529. Infringement

§1529. Infringement
Subject to section 1532, any person who shall:   [PL 1979, c. 572, §2 (NEW).]
1.  Use without consent of copy of a registered mark in connection with sale of goods or services.
Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale or advertising of any goods or services on or in connection with which use is likely to cause confusion or mistake to deceive as to the source of origin of the goods or services; or
[PL 1979, c. 572, §2 (NEW).]
2.  Reproduce and apply a mark in conjunction with sale of goods or services.
Reproduce, counterfeit, copy or colorably imitate any mark and apply the reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in conjunction with the sale or other distribution in this State of the goods or services;
shall be liable to a civil action by the owner of the registered mark for any or all of the remedies provided in section 1531, except that under subsection 2 the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
[PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1530. Injury to business reputation; dilution

§1530. Injury to business reputation; dilution
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.   [PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1531. Remedies

§1531. Remedies
1.  Generally.
Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations and the Superior Court may grant injunctions to restrain the manufacture, use, display or sale as may be by the court deemed just and reasonable and may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the 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 complainant to be destroyed.
[PL 1979, c. 572, §2 (NEW).]
2.  Statutory damages.
The owner of the mark may elect, at any time before final judgment is rendered, to recover instead of actual damages or profits an award of statutory damages with respect to any one mark for which any one defendant is liable individually or for which any 2 or more defendants are liable jointly and severally in an amount not to exceed $2,000.
[PL 1979, c. 572, §2 (NEW).]
3.  Attorney's fees and costs.
The Superior Court shall award the prevailing party costs and, in exceptional cases only, may award the prevailing party reasonable attorney's fees.
[RR 1991, c. 2, §33 (COR).]
4.  Criminal prosecution.
The enumeration of any right or remedy shall not affect a registrant's right to prosecute under any penal law of this State.
[PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW). RR 1991, c. 2, §33 (COR).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS › 10 §1532. Common law rights

§1532. Common law rights
Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at common law at any time before or after the enactment of this chapter.   [PL 1979, c. 572, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 572, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1541. Short title

§1541. Short title
This Act shall be known and may be cited as the "Uniform Trade Secrets Act."   [PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1542. Definitions

§1542. Definitions
As used in this Act, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 143 (NEW).]
1.  Improper means.
"Improper means" means theft, bribery, misrepresentation, breach or inducement of a breach of duty to maintain secrecy or espionage through electronic or other means.
[PL 1987, c. 143 (NEW).]
2.  Misappropriation.
"Misappropriation" means:
A. 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   [PL 1987, c. 143 (NEW).]
B. Disclosure or use of a trade secret of another without express or implied consent by a person who:
(1) Used improper means to acquire knowledge of the trade secret;
(2) At the time of disclosure or use, knew or had reason to know that his 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
(3) 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.   [PL 1987, c. 143 (NEW).]
3.  Person.
"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.
[PL 1987, c. 143 (NEW).]
4.  Trade secret.
"Trade secret" means information, including, but not limited to, a formula, pattern, compilation, program, device, method, technique or process, that:
A. 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   [PL 1987, c. 143 (NEW).]
B. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.   [PL 1987, c. 143 (NEW).]
[PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1543. Injunctive relief

§1543. Injunctive relief
1.  Misappropriation restrained or enjoined.
Actual or threatened misappropriation may be restrained or 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.
[PL 1987, c. 143 (NEW).]
2.  Exceptional circumstances.
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.
A. 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.   [PL 1987, c. 143 (NEW).]
[PL 1987, c. 143 (NEW).]
3.  Protection of trade secret compelled.
In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
[PL 1987, c. 143 (NEW).]
4.  Application.
This section applies to all forms of injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions.
[PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1544. Damages

§1544. Damages
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.   [PL 1987, c. 143 (NEW).]
1.  Measurement of damages.
Damages may 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.
[PL 1987, c. 143 (NEW).]
2.  Willful, malicious misappropriation.
If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under subsection 1.
[PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1545. Attorneys fees

§1545. Attorneys fees
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith or willful and malicious misappropriation exists, the court may award reasonable attorneys fees to the prevailing party.   [PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1546. Preservation of secrecy

§1546. Preservation of secrecy
In an action under this 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.   [PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1547. Statute of limitations

§1547. Statute of limitations
An action for misappropriation must be brought within 4 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.   [PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 302: UNIFORM TRADE SECRETS ACT › 10 §1548. Effect on other laws

§1548. Effect on other laws
1.  No effect.
Except as provided in this section, this Act displaces conflicting tort, restitutionary and other laws of this State providing civil remedies for misappropriation of a trade secret. This Act does not affect:
A. Contractual remedies, whether or not based upon misappropriation of a trade secret;   [PL 1987, c. 143 (NEW).]
B. Other civil remedies that are not based upon misappropriation of a trade secret;   [PL 1987, c. 143 (NEW).]
C. Criminal remedies, whether or not based upon misappropriation of a trade secret;   [PL 1987, c. 143 (NEW).]
D. The duty of any person to disclose information where expressly required by law; or   [PL 1987, c. 143 (NEW).]
E. The provisions of the Maine Tort Claims Act, Title 14, chapter 741.   [PL 1987, c. 143 (NEW).]
[PL 1987, c. 143 (NEW).]
SECTION HISTORY
PL 1987, c. 143 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 303: MILK (REPEALED) › 10 §1551. Filing and publishing description of name and devices (REPEALED)

§1551. Filing and publishing description of name and devices
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §4 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 303: MILK (REPEALED) › 10 §1552. Use of can without owner's consent; evidence (REPEALED)

§1552. Use of can without owner's consent; evidence
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §4 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 303: MILK (REPEALED) › 10 §1553. Defacing or mutilating containers (REPEALED)

§1553. Defacing or mutilating containers
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §4 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 303: MILK (REPEALED) › 10 §1554. Placing foreign matter in container (REPEALED)

§1554. Placing foreign matter in container
(REPEALED)
SECTION HISTORY
PL 1979, c. 572, §4 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 303: MILK (REPEALED) › 10 §1555. Search warrants for containers in wrongful possession (REPEALED)

§1555. Search warrants for containers in wrongful possession
(REPEALED)
SECTION HISTORY
PL 1965, c. 431, §1 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 305: POTATOES › 10 §1601. Trademarks

§1601. Trademarks
In order to better carry out the objectives of the Potato Tax Law, the Maine Potato Commission may develop and register trademarks. The Commissioner of Agriculture, Conservation and Forestry may delegate to the Maine Potato Commission the authority to regulate the use of the State of Maine trademark when used in packaging potatoes, both fresh and processed.   [RR 2009, c. 2, §19 (COR); PL 2011, c. 657, Pt. W, §6 (REV).]
SECTION HISTORY
RR 2009, c. 2, §19 (COR). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 305: POTATOES › 10 §1602. Licenses

§1602. Licenses
1.  Unlawful use of trademark.
After establishment by rules adopted in a manner consistent with the Maine Administrative Procedure Act of a trademark by the commission, a person may not use the trademark without first securing a permit or license from the Maine Potato Commission.
[PL 2003, c. 452, Pt. E, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not more than $50 may be adjudged.   [PL 2017, c. 475, Pt. A, §15 (AMD).]
B. A person who violates this section after having previously violated this section commits a civil violation for which a fine of not more than $200 may be adjudged.   [PL 2003, c. 452, Pt. E, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2017, c. 475, Pt. A, §15 (AMD).]
3.  Additional remedies.
The Maine Potato Commission or a duly authorized representative may recover penalties imposed for violation of this section in a civil action brought in the name of the commission, and if it prevails in such action may recover full costs; or the commission may prosecute for violations of this section by complaint or indictment. The District Court and the Superior Court have concurrent jurisdiction of actions brought for the recovery of penalties imposed by this section and of prosecutions for violations thereof.
[PL 2003, c. 452, Pt. E, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1977, c. 694, §166 (AMD). PL 2003, c. 452, §E1 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2017, c. 475, Pt. A, §15 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 305: POTATOES › 10 §1604. Buying and selling

§1604. Buying and selling
In order to promote the prosperity of this State and of the potato industry by fostering and promoting better methods of production, processing, merchandising and advertising, the Maine Potato Commission shall have the authority to buy and sell potatoes or processed potato products.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 305: POTATOES › 10 §1605. Rules and regulations; contract

§1605. Rules and regulations; contract
The Maine Potato Commission may prescribe rules and regulations for carrying out the purposes of this chapter, and may issue licenses to shippers or processors who shall enter into a contract with the commission and agree to abide by the rules and regulations. The commission may charge a fee on a per package or per hundred-weight basis for the use of trademarks established by the commission or of the State of Maine trademark used on potatoes, fresh or processed. The commission shall reserve the right to cancel any license for failure to abide by the rules and regulations of the commission, or for breach of the terms of any contract entered into with the commission; and the commission shall have the right to cancel all outstanding licenses at any time that the commission deems such action necessary to the best interest of the potato industry as a whole. The commission shall have the right to grant an exclusive license for the use of such trademarks to a single co-operative which shall, by contract with the commission, be empowered to issue licenses to shippers and processors on such terms and conditions as the commission may require.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 305: POTATOES › 10 §1606. Enforcement; jurisdiction (REPEALED)

§1606. Enforcement; jurisdiction
(REPEALED)
SECTION HISTORY
PL 2003, c. 452, §E2 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 307: OILS › 10 §1651. Description of marks filed

§1651. Description of marks filed
All persons or corporations engaged in the sale of kerosene, refined petroleum, gasoline or other burning or illuminating oils or fluids, in cans of a capacity of not less than 5 gallons, with their names or other marks or devices branded, stamped, engraved, etched, impressed or otherwise produced upon such cans or anything connected therewith or appertaining thereto, may file in the office of the town or city clerk, in which their principal place of business is situated, a description of the names and marks used by them, and cause the same to be published once a week for 3 successive weeks in any newspaper of general circulation in the county in which the notice may have been filed.   [PL 1987, c. 667, §5 (AMD).]
SECTION HISTORY
PL 1987, c. 667, §5 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 307: OILS › 10 §1652. Regulation of sale of certain oils

§1652. Regulation of sale of certain oils
No person may sell or keep for sale, except for remanufacture or as provided, kerosene, range oil, fuel oil or other burning oil for illuminating, heating or cooking purposes which will flash at a temperature of less than 100° Fahrenheit, to be ascertained by the application of any standard approved closed cup tester. Nothing contained in this section may prohibit the sale or keeping for sale of gasoline or naphtha as such for fuel or illuminating purposes.   [PL 1983, c. 106 (AMD).]
SECTION HISTORY
PL 1979, c. 541, §A94 (AMD). PL 1983, c. 106 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 4: TRADEMARKS AND NAMES › Chapter 307: OILS › 10 §1652-A. Prohibition of nondegradable plastic carriers on lubricating oil containers (REPEALED)

§1652-A. Prohibition of nondegradable plastic carriers on lubricating oil containers
(REPEALED)
SECTION HISTORY
PL 1987, c. 373, §§3,5 (NEW). PL 1993, c. 341, §5 (RP).