reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-3 - Registrability

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(a)
Consists of or comprises immoral, deceptive or scandalous matter; or
(b)
Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or
(c)
Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or any foreign nation, or any simulation thereof; or
(d)
Consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent; or
(e)
Consists of a mark which, (1) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname; however, nothing in this subsection (e) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(f)
Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.
Codes, 1942, § 4227-02; Laws, 1952, ch. 338, § 2; Laws, 1971, ch. 437, § 2; Laws, 1996, ch. 402, § 2; Laws, 2009, ch. 386, § 2, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-5 - Application for registration; requirements

(a)
Subject to the limitations set forth in this chapter, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information:
(1)
The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership or other entity, the state in which the entity is organized and the names of the general partners, owners and/or managers, as specified by the secretary;
(2)
The goods or services on or in connection with which the mark is used and 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 predecessor in interest; and
(4)
A statement that the applicant is the owner of the mark, that the mark is in use, and that, 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 such 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 such other person, to cause confusion, or to cause mistake, or to deceive.
(b)
The secretary 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 provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
(c)
The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.
(d)
The application shall be signed and verified by oath, affirmation or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying.
(e)
The application shall be accompanied by three (3) specimens showing the mark as actually used.
(f)
The application shall be accompanied by the application fee payable to the Secretary of State.
Codes, 1942, § 4227-03; Laws, 1938, ch. 159; Laws, 1952, ch. 338, § 3; Laws, 1971, ch. 437, § 3; Laws, 1981, ch. 431, § 4; Laws, 1985, ch. 381, § 7; Laws, 1996, ch. 402, § 3; Laws, 2009, ch. 386, § 3, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-9 - Issuance and delivery of certificate of registration; admissibility in evidence

Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership or other entity, the state in which the partnership or other entity is organized and the names of the general partners, owners, and/or managers, as specified by the secretary, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
Any certificate of registration issued by the secretary under the provisions hereof or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.
Codes, 1942, § 4227-05; Laws, 1952, ch. 338, § 5; Laws, 1958, ch. 346, § 3; Laws, 1971, ch. 437, § 5; Laws, 1985, ch. 381, § 8; Laws, 1996, ch. 402, § 5, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-11 - Duration and renewal

(a)
A registration of a mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.
(b)
A registration may be renewed for successive periods of five (5) years in like manner.
(c)
All applications for renewal, whether of registrations made under this chapter or of registrations effected under any prior act, 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.
Codes, 1942, § 4227-06; Laws, 1952, ch. 338, § 6; Laws, 1958, ch. 346, § 4; Laws, 1971, ch. 437, § 6; Laws, 1985, ch. 381, § 9; Laws, 1996, ch. 402, § 6; Laws, 2009, ch. 386, § 5, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-13 - Assignment; requirements

(a)
Any mark and its registration hereunder shall be 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 shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee, payable to the secretary, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase.
(b)
Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
(c)
Other instruments which relate to a mark registered or application pending pursuant to this chapter, such as, by way of example, licenses, security interests or mortgages, may be recorded in the discretion of the secretary, provided that such instrument is in writing and duly executed.
(d)
Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.
(e)
A photocopy of any instrument referred to in subsections (a), (b), or (c) above, shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
Codes, 1942, § 4227-07; Laws, 1938, ch. 159; Laws, 1952, ch. 338, § 7; Laws, 1971, ch. 437, § 7; Laws, 1996, ch. 402, § 7; Laws, 2009, ch. 386, § 6, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-15 - Record of marks registered or renewed, or documents recorded

The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to Section
75-25-13
.
Codes, 1942, § 4227-08; Laws, 1952, ch. 338, § 8; Laws, 1971, ch. 437, § 8; Laws, 1996, ch. 402, § 8, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-17 - Cancellation

The secretary shall cancel from the register, in whole or in part:
(a)
Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(b)
All registrations granted under this chapter and not renewed in accordance with the provisions hereof;
(c)
Any registration concerning which a court of competent jurisdiction shall find:
(1)
That the registered mark has been abandoned,
(2)
That the registrant is not the owner of the mark,
(3)
That the registration was granted improperly,
(4)
That the registration was obtained fraudulently,
(5)
That the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered,
(6)
That 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 the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be cancelled for such area of the state; or
(d)
When a court of competent jurisdiction shall order cancellation of a registration on any ground.
Codes, 1942, § 4227-09; Laws, 1952, ch. 338, § 9; Laws, 1971, ch. 437, § 9; Laws, 1996, ch. 402, § 9; Laws, 2009, ch. 386, § 7, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-19 - Classification

The secretary shall by regulation establish a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.
Codes, 1942, § 4227-10; Laws, 1952, ch. 338, § 10; Laws, 1971, ch. 437, § 10; Laws, 1996, ch. 402, § 10; Laws, 2009, ch. 386, § 8, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-21 - Fraudulent filing or registration; liability

Any person who shall for himself or herself, or on behalf of any other persons, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Codes, 1942, § 4227-11; Laws, 1952, ch. 338, § 11; Laws, 1971, ch. 437, § 11; Laws, 1996, ch. 402, § 11, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-23 - Liability for infringement; limitations

Subject to the provisions of Section
75-25-31
hereof, any person who shall:
(a)
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, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(b)
Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in 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 remedies provided in Section
75-25-27
hereof, except that under paragraph (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
Codes, 1942, § 4227-12; Laws, 1952, ch. 338, § 12; Laws, 1971, ch. 437, § 12; Laws, 1996, ch. 402, § 12, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-25 - Owner of famous mark entitled to injunction against another's commercial use of the famous mark; "famous" defined; geographic limitations of injunctive relief; permitted uses of famous mark

(a)
Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b)
A mark is famous if it is widely recognized by the general consuming public of this state or a geographic area in this state as a designation of source of the goods or services of the mark's owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
(1)
The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties;
(2)
The amount, volume, and geographic extent of sales of goods or services offered under the mark in this state;
(3)
The extent of actual recognition of the mark in this state; and
(4)
Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946, as amended.
(c)
In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then 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.
(d)
The following shall not be actionable under this section:
(1)
Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(A)
Advertising or promotion that permits consumers to compare goods or services; or
(B)
Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2)
Noncommercial use of the mark; and
(3)
All forms of news reporting and news commentary.
Codes, 1942, § 4227-13; Laws, 1952, ch. 338, § 13; Laws, 1971, ch. 437, § 13; Laws, 1996, ch. 402, § 13; Laws, 2009, ch. 386, § 9, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-27 - Remedies against counterfeits or imitations

(a)
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 thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b)
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
Codes, 1942, § 4227-16; Laws, 1938, ch. 159; Laws, 1952, ch. 338, § 16; Laws, 1996, ch. 402, § 14; Laws, 2009, ch. 386, § 10, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-29 - Actions for cancellation

(a)
Actions to require cancellation of a mark registered pursuant to this chapter or to appeal the secretary's refusal to register a mark pursuant to this chapter shall be brought in the First Judicial District of the Hinds County Chancery Court. In an appeal of the secretary's refusal to register a mark, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary 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 and shall be given the right to intervene in the action.
(b)
In any action brought against a nonresident registrant, service may be effected by any means authorized by the Mississippi Rules of Civil Procedure.
Laws, 1996, ch. 402, § 15; Laws, 2009, ch. 386, § 11, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-31 - Good faith acquisition of marks

Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Laws, 1996, ch. 402, § 16, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-33 - Fees

Fees required by this chapter shall be submitted to the secretary and shall not be refundable. The amount of such fees shall be as follows:
Resident Application
$ 50.00
Nonresident Application
$ 60.00
Resident Renewal
$ 50.00
Nonresident Renewal
$ 60.00
Assignment
$ 50.00
Laws, 1996, ch. 402, § 17, eff. 1/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-35 - Severability

If any provision of this chapter, or the application of such provision to any person or circumstances is held invalid, the remainder of this chapter shall not be affected thereby.
Laws, 2009, ch. 386, § 12, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 25 - REGISTRATION OF TRADEMARKS AND LABELS (§§ 75-25-1 — 75-25-37) › Section 75-25-37 - Legislative intent; construction

The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this chapter.
Laws, 2009, ch. 386, § 13, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-1 - Short title

This chapter may be cited as the Mississippi Uniform Trade Secrets Act.
Laws, 1990, ch. 442, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-3 - Definitions

As used in this chapter, unless the context requires otherwise:
(a)
"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(b)
"Misappropriation" means:
(i)
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
(ii)
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; or
2.
At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
a.
Derived from or through a person who had utilized improper means to acquire it;
b.
Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
c.
Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limits its use; or
3.
Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(c)
"Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.
(d)
"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process, that:
(i)
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
(ii)
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Laws, 1990, ch. 442, § 2, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-5 - Injunctive relief; protective orders

(1)
Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2)
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.
(3)
In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Laws, 1990, ch. 442, § 3, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-7 - Damages for misappropriation; liability for royalty

(1)
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.
(2)
If willful and malicious misappropriation exists, the court may award exemplary damages.
Laws, 1990, ch. 442, § 4, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-9 - Attorney's fees

If (a) a claim of misappropriation is made in bad faith, (b) a motion to terminate an injunction is made or resisted in bad faith or (c) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
Laws, 1990, ch. 442, § 5, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-11 - Protection of trade secrets during action

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.
Laws, 1990, ch. 442, § 6, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-13 - Statute of limitations

An action for misappropriation must be brought within three (3) 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.
Laws, 1990, ch. 442, § 7, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-15 - Application of provisions to other laws, actions or proceedings

(1)
Except as provided in subsection (2), this chapter displaces conflicting tort, restitutionary and other law of this state providing civil remedies for misappropriation of a trade secret.
(2)
This chapter does not affect:
(a)
Contractual remedies, whether or not based upon misappropriation of a trade secret;
(b)
Other civil remedies that are not based upon misappropriation of a trade secret; or
(c)
Criminal remedies, whether or not based upon misappropriation of a trade secret.
Laws, 1990, ch. 442, § 8, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-17 - Construction of provisions

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Laws, 1990, ch. 442, § 9, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 26 - MISSISSIPPI UNIFORM TRADE SECRETS ACT (§§ 75-26-1 — 75-26-19) › Section 75-26-19 - Severability provisions

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.
Laws, 1990, ch. 442, § 10, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-1 - Citation

This article may be cited as the "Weights and Measures Law of 1964."
Codes, 1942, § 5132-36; Laws, 1964, ch. 221, § 36, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-3 - Meaning of terms

When used in this article:
(1)
The word "person" means both the plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations.
(2)
The words "weight(s) and (or) measure(s)" means all weights and measures of every kind, all instruments and devices and all electronic systems that employ a laser bar code reader to retrieve product identity, price and other information stored in computer memory, for weighing and measuring, or in the computing of any basic charge or payment for products bought or services rendered on the basis of weight or measure or count and any appliances and accessories associated with such instruments and devices, except that the term does not include meters for the measurement of electricity, gas, or water when the meters are operated in a public utility system, or production from oil and gas wells under the supervision of the State Oil and Gas Board. Such electricity, gas, and water meters are hereby specifically excluded from this article, and none of the provisions of this article shall apply to such meters or to any appliances or accessories associated with them.
(3)
The words "sell" and "sale" means barter and exchange.
(4)
The term "director" and "deputy director" means, respectively, the State Director of Weights and Measures, who shall be the Commissioner of Agriculture and Commerce, and the Deputy State Director of Weights and Measures, who shall serve as the administrator.
(5)
The term "inspector" means a state inspector of weights and measures.
(6)
The term "intrastate commerce" means any and all commerce or trade that is begun, carried on, and completed wholly within the limits of the State of Mississippi, and the phrase "introduced into intrastate commerce" shall be construed to define the time and place at which the first sale and delivery of a commodity is made within the state, and delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
(7)
The term "commodity in package form" means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that individually conform to the requirements of this article. An individual item or lot of any commodity not in package form as defined in this section, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be construed to be commodity in package form.
(8)
The term "Handbook 44" means the National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices."
Codes, 1942, § 5132-01; Laws, 1964, ch. 221, § 1; Laws, 2000, ch. 326, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-5 - Systems of weights and measures

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the State of Mississippi. The definitions of basic units of weights and measures, the tables of weight and measure, and weights and measures equivalents, as published by the National Bureau of Standards, are recognized and shall govern weighing and measuring equipment and transactions in the state.
Codes, 1942, § 5132-02; Laws, 1964, ch. 221, § 2, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-7 - Definitions of special units of measure

The term "barrel" shall mean a unit of thirty-one (31) gallons. However, the term "barrel," when used in reference to seafood or parts thereof, shall be the measure defined by ordinance of the Mississippi Commission on Marine Resources under authority of Sections
49-15-1
through
49-15-67
, Mississippi Code of 1972. The term "ton" shall mean a unit of two thousand (2,000) pounds avoirdupois weight. The term "cord" shall mean the amount that is contained in a space of one hundred twenty-eight (128) cubic feet when such is ranked and well stowed.
Codes, 1942, § 5132-03; Laws, 1964, ch. 221, § 3; Laws, 2000, ch. 516, § 131, eff. 4/30/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-9 - State standards of weight and measure

Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same shall have been certified as being satisfactory for use as such by the National Bureau of Standards, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the state division of weights and measures, they shall not be removed from the said office or laboratory except for repairs or for certification, and they shall be submitted at least once in ten (10) years to the National Bureau of Standards for certification. The state standards shall be used only in verifying the office standards and for scientific purposes.
Codes, 1942, § 5132-04; Laws, 1964, ch. 221, § 4, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-11 - Office and working standards and equipment

In addition to the state standards provided for in Section
75-27-9
, there shall be supplied by the state at least one (1) complete set of copies of these to be kept in the office or laboratory of the state division of weights and measures and to be known as "office standards," and also such "field standards" and such equipment as may be found necessary to carry out the provisions of this article. The office standards and field standards shall be verified upon their initial receipt and at least once each year thereafter, the office standards by direct comparison with the state standards and the field standards by comparison with the office standards.
Codes, 1942, § 5132-05; Laws, 1964, ch. 221, § 5, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-13 - State director, deputy director, and inspectors of weights and measures

The commissioner of the department of agriculture and commerce shall be, ex officio, the director. There shall be a deputy state director of weights and measures and state inspectors of weights and measures, and necessary technical and clerical personnel, who shall be appointed by the director under the rules of said department, and who shall collectively comprise the state division of weights and measures, of which the deputy director shall be the administrator. The director shall be allowed salaries for the deputy director, the inspectors, and the necessary technical and clerical employees, for necessary equipment and supplies, and for traveling and contingent expenses, such sums as shall be appropriated by the legislature.
Codes, 1942, § 5132-06; Laws, 1964, ch. 221, § 6, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-15 - Bonds of deputy director and inspectors

A bond, with sureties, to be approved by the secretary of state, and conditioned upon the faithful performance of his duties and the safekeeping of any standards or equipment entrusted to his care shall, forthwith, upon his appointment, be given by the deputy director in the penal sum of five thousand dollars ($5,000.00), and by each inspector in the penal sum of one thousand dollars ($1,000.00). The premiums on such bonds shall be paid by the state.
Codes, 1942, § 5132-07; Laws, 1964, ch. 221, § 7, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-17 - General powers and duties of director

The director shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this article, and shall keep accurate records of the same. The director shall enforce the provisions of this article. He shall have and keep a general supervision over the instruments for weighing and measuring offered for sale, sold, or in use in the state. He shall, annually, make to the governor, secretary of the senate and the clerk of the house of representatives, a report on all of the activities of his office.
Codes, 1942, § 5132-08; Laws, 1964, ch. 221, § 8; Laws, 1970, ch. 261, § 1, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-21 - Testing of standards at state-supported institutions

The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which monies are appropriated by the legislature, reporting his findings, in writing, to the supervisory board and to the executive officer of the institution concerned.
Codes, 1942, § 5132-10; Laws, 1964, ch. 221, § 10, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-23 - General testing

When not otherwise provided by law, the director shall have the power to inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale or purchase. It shall be the duty of the director within a twelve-month period, or less frequently if in accordance with a schedule issued by him, and as much oftener as he may deem necessary to inspect and test, to ascertain if they are correct, all weights and measures commercially used (1) in determining the weight, measurement or count of commodities or things sold or purchased, or offered or exposed for sale or purchase, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count. Provided, that with respect to single-service devices - that is, devices designed to be used commercially only once and to be then discarded - and with respect to devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, tests may be made on representative samples of such devices; and the lots of which such samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.
The manufacturer or distributor of any weighing device(s) offered for sale, sold, installed for commercial use or used commercially in this state shall subject such device to type evaluation testing by the National Type Evaluation Program (NTEP), National Institute of Standards and Technology (NIST). Any weighing device not covered by a certificate of conformance from such agency shall not be used commercially in this state.
Codes, 1942, § 5132-11; Laws, 1964, ch. 221, § 11; Laws, 1997, ch. 520, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-25 - Investigations

The director shall investigate complaints made to him concerning violations of the provisions of this article, and shall, upon his own initiative, conduct such investigations as he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this article and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
Codes, 1942, § 5132-12; Laws, 1964, ch. 221, § 12, eff. 7/1/1964.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 27 - WEIGHTS AND MEASURES (§§ 75-27-1 — 75-27-325) › Article 1 - WEIGHTS AND MEASURES LAW OF 1964 (§§ 75-27-1 — 75-27-67) › Section 75-27-27 - Inspections of packages

The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law; and when such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the director may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the director may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the director.
Codes, 1942, § 5132-13; Laws, 1964, ch. 221, § 13, eff. 7/1/1964.