reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1403 - Precision Agriculture Infrastructure Grant Program; created; purposes; administration; funding.

86-1403.
Precision Agriculture Infrastructure Grant Program; created; purposes; administration; funding.
(1) The Precision Agriculture Infrastructure Grant Program is created. The commission shall administer the program. The purposes of the program are to:
(a) Propel Nebraska agricultural producers to lead the nation in precision agriculture connectivity, sustainability, traceability, and autonomy to accelerate rural economic development; and
(b) Provide high-speed Internet service to farm sites as defined in section 77-1359 in unserved areas of the state as defined in section 86-1302.
(2) For the purpose of carrying out the program, the commission may utilize funds provided to the state through the federal Broadband Equity, Access, and Deployment Program, not to exceed two million dollars per year.
Source
Laws 2022, LB1144, § 14.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1404 - Grant; application; use; how awarded.

86-1404.
Grant; application; use; how awarded.
(1) A provider, an agricultural cooperative, an agronomist, or an agricultural producer may apply to the commission for a grant under the program. The application shall be made on forms prescribed by the commission.
(2) Grants shall only be used to provide:
(a) Adequate precision agriculture connectivity to on-farm structures and devices, including, but not limited to, tractors, combines, irrigation systems, livestock facilities, and farm offices;
(b) On-farm traceability solutions that satisfy food supply stakeholder demand, including blockchain;
(c) Products that improve soil health, water management tools and sensors that facilitate judicious use of water resources, and products that promote the use of water efficiency seed technologies that lower agriculture's water, carbon, and nitrate footprint; and
(d) Products that use autonomous solutions in agricultural machinery, including, but not limited to, grain carts, spreaders, precision drone scouting, and scouting robots.
(3) The commission shall award up to one-half of the available grant funds for the purpose described in subdivision (2)(a) of this section and up to one-half of the available grant funds for the purposes described in subdivisions (2)(b), (c), and (d) of this section.
Source
Laws 2022, LB1144, § 15.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1405 - Grant; conditions.

86-1405.
Grant; conditions.
If the grant application is to provide adequate precision agriculture connectivity as described in subdivision (2)(a) of section 86-1404, the applicant shall agree to:
(1) Complete the project within twelve months after the date on which the grant is awarded. The commission may permit one extension of up to six months upon request and for good cause shown; and
(2) Submit the connectivity to speed tests. If the speed tests show that the connectivity is not adequate precision agriculture connectivity, the applicant shall be allowed a reasonable time to correct the deficiencies. If the applicant fails to provide adequate precision agriculture connectivity after the second set of speed tests, the applicant shall repay the grant.
Source
Laws 2022, LB1144, § 16.
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1501 - Act, how cited.

86-1501.
Act, how cited.
Sections 86-1501 to 86-1507 shall be known and may be cited as the Rural Communications Sustainability Act.
Source
Laws 2023, LB683, § 12.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1502 - Policy of state.

86-1502.
Policy of state.
It is hereby declared to be the policy of this state to ensure that all Nebraskans have access to affordable and reliable communications services in rural high-cost areas, and to ensure the long-term sustainability of infrastructure necessary to preserve such access.
Source
Laws 2023, LB683, § 13.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1503 - Terms, defined.

86-1503.
Terms, defined.
For purposes of the Rural Communications Sustainability Act:
(1) Broadband deployment program means a federal or state program authorizing payment of public funds for the purpose of deployment of communications infrastructure;
(2) Commission means the Public Service Commission;
(3) Communications infrastructure means infrastructure, facilities, and equipment capable of providing broadband or telecommunications services;
(4) Competitive provider means a communications provider as defined in section 86-125, including, but not limited to, lawfully franchised cable providers and competitive local exchange carriers in a local exchange area;
(5) Deployment project area means a contiguous geographic area consisting of locations serviceable by broadband or telecommunications services determined by the granting agency for a project funded under a broadband deployment program. A deployment project area may consist of geographical areas in more than one local exchange area;
(6) Eligible telecommunications carrier has the same meaning as in section 86-134;
(7) Granting agency means any state agency or political subdivision of the state which has authority to award, grant, direct, or redirect public funds under a broadband deployment program;
(8) Incumbent carrier means an incumbent carrier in a local exchange area as defined by rules and regulations adopted and promulgated by the commission; and
(9) Local exchange area has the same meaning as in section 86-115.
Source
Laws 2023, LB683, § 14.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1504 - Deployment project area; determination.

86-1504.
Deployment project area; determination.
When determining a deployment project area, the granting agency shall collaborate with the Nebraska Broadband Office and the commission to ensure compliance with the Rural Communications Sustainability Act.
Source
Laws 2023, LB683, § 15.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1505 - Broadband deployment program; compliance; deployment project area; support; transfer.

86-1505.
Broadband deployment program; compliance; deployment project area; support; transfer.
After a granting agency makes final payment of public funds under a broadband deployment program to a competitive provider in a deployment project area that is part of a local exchange area served by an incumbent carrier, upon request by the incumbent carrier the commission shall:
(1) Upon finding that the granting agency has determined the competitive provider is in compliance with all requirements of the broadband deployment program, relieve the incumbent carrier of eligible telecommunications carrier obligations and carrier of last resort obligations in the deployment project area;
(2) Consistent with rules of procedure adopted and promulgated by the commission, make determinations related to allocations and distributions of support from the Nebraska Telecommunications Universal Service Fund for the deployment project area; and
(3) In coordination with the Federal Communications Commission, and in consultation with the incumbent carrier and the competitive provider, determine whether eligible telecommunications carrier and carrier of last resort obligations corresponding with support from the Nebraska Telecommunications Universal Service Fund in the deployment project area should be transferred to the competitive provider.
Source
Laws 2023, LB683, § 16.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 86 - Telecommunications and Technology › 86-1506 - Commission; prohibited acts.

86-1506.
Commission; prohibited acts.
In carrying out the Rural Communications Sustainability Act, the commission shall not:
(1) Require a competitive provider to accept or receive support from the Nebraska Telecommunications Universal Service Fund;
(2) Impose eligible telecommunications carrier responsibilities or carrier of last resort obligations relating to the Nebraska Telecommunications Universal Service Fund Act on a competitive provider in any deployment project area where the incumbent carrier or competitive provider is not actually receiving support from the Nebraska Telecommunications Universal Service Fund; or
(3) Impose eligible telecommunications carrier responsibilities or carrier of last resort obligations on an incumbent carrier that are not in existence as of the date of final payment made pursuant to section 86-1505.
Source
Laws 2023, LB683, § 17.
Effective Date: May 27, 2023
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-127 - Intent.

87-127.
Intent.
It is the intent of the Legislature that the Trademark Registration Act provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal 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 the Trademark Registration Act.
Source
Laws 2000, LB 626, § 2.
Annotations
The construction given the federal Trademark Act of 1946 as amended (Lanham Trade-Mark Act) should be examined as persuasive authority for interpreting and construing the Trademark Registration Act. ADT Security Servs. v. A/C Security Systems, 15 Neb. App. 666, 736 N.W.2d 737 (2007).
The Lanham Trade-Mark Act provides that a party can recover the infringer's profits, any damages sustained, and the costs of the action. ADT Security Servs. v. A/C Security Systems, 15 Neb. App. 666, 736 N.W.2d 737 (2007).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-129 - Mark; not registered; when.

87-129.
Mark; not registered; when.
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:
(1) Consists of or comprises immoral, deceptive, or scandalous matter;
(2) 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;
(3) Consists of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality, or of any foreign nation, or any simulation thereof;
(4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;
(5) Consists of a mark which:
(a) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(b) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(c) Is primarily merely a surname, except that nothing in subdivision (5) of this section 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 years before the date on which the claim of distinctiveness is made; or
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark 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.
Source
Laws 2000, LB 626, § 4.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-131 - Application; fee; examination; disclaimer; amendments; reapplication; application priorities.

87-131.
Application; fee; examination; disclaimer; amendments; reapplication; application priorities.
(1) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with the Trademark Registration Act.
(2) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
(3) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.
(4) Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement, or a new application may be required to be submitted.
(5) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:
(a) The secretary finally refuses registration of the mark; or
(b) The applicant fails to reply or amend within the specified period, whereupon the application shall be considered abandoned.
(6) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(7) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with section 87-136.
Source
Laws 2000, LB 626, § 6.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-132 - Certificate of registration; contents; how treated.

87-132.
Certificate of registration; contents; how treated.
Upon compliance by the applicant with the requirements of the Trademark Registration Act, the secretary shall return the duplicate copy of the application stamped with the filing date 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 or other type of business entity except a partnership, the state of incorporation or organization, or if a partnership, the state in which the partnership is organized and the names of the general partners, 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. An original, a duplicate original, or a certified copy of an application for trademark which has the file stamp and date of 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. Registration of a mark with the secretary shall be prima facie evidence of the right to use the mark shown in the registration on or in connection with the class or classes of goods or services designated in the registration.
Source
Laws 2000, LB 626, § 7;
Laws 2012, LB886, § 2.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-133 - Registration; term; renewal; renewal fee; prior registration and proceedings.

87-133.
Registration; term; renewal; renewal fee; prior registration and proceedings.
(1) A registration of a mark under the Trademark Registration Act is effective for ten years after the date of registration and, upon application filed within six months prior to the expiration, 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 shall accompany the application for renewal of the registration. The renewal fee shall be one hundred ten dollars if the filing is submitted in writing and one hundred dollars if the filing is submitted electronically pursuant to section 84-511. A registration may be renewed for successive periods of ten years in like manner.
(2) Any registration in force under sections 87-111 to 87-125 on July 13, 2000, as such sections existed prior to such date, is effective and shall continue in full force and effect for the unexpired term of such registration. Such registration may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the renewal fee within six months prior to the expiration of the registration.
(3) Any suit, proceeding, or appeal pending on July 13, 2000, shall be decided according to sections 87-111 to 87-125 as such sections existed prior to July 13, 2000.
(4) All applications for renewal under the 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.
(5) The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees collected to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.
Source
Laws 2000, LB 626, § 8;
Laws 2020, LB910, § 40.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-136 - Cancellation from register.

87-136.
Cancellation from register.
The secretary shall cancel from the register, in whole or in part:
(1) Any registration concerning which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) All registrations granted under the Trademark Registration Act and not renewed in accordance with the act;
(3) Any registration concerning which a court of competent jurisdiction finds that:
(a) The registered mark has been abandoned;
(b) The registrant is not the owner of the mark;
(c) The registration was granted improperly;
(d) The registration was obtained fraudulently;
(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of filing of the application for registration by the registrant under the act, and not abandoned. If the registrant proves 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 under the act shall not be canceled for such area of the state; or
(4) A court of competent jurisdiction has ordered the cancellation of a registration on any ground.
Source
Laws 2000, LB 626, § 11.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-137 - Classification of goods and services; rules and regulations.

87-137.
Classification of goods and services; rules and regulations.
The secretary shall adopt and promulgate rules and regulations which establish a classification of goods and services for convenience of administration of the Trademark Registration Act, but such rules and regulations shall not 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 practicable, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.
Source
Laws 2000, LB 626, § 12.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-138 - Fraudulent representation; liability.

87-138.
Fraudulent representation; liability.
Any person who for himself or herself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the Trademark Registration Act by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, is liable for all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party in any court of competent jurisdiction.
Source
Laws 2000, LB 626, § 13.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-139 - Unauthorized use; liability.

87-139.
Unauthorized use; liability.
Subject to section 87-143, any person who (1) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under the Trademark Registration Act 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 (2) reproduces, counterfeits, copies, or colorably imitates any such mark and applies 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, is liable in a civil action by the registrant for any and all of the remedies provided in section 87-141, except that under subdivision (2) of this section, the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
Source
Laws 2000, LB 626, § 14.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-140 - Famous mark; factors; remedies.

87-140.
Famous mark; factors; remedies.
(1) The owner of a mark which is famous in this state is entitled, subject to the principles of equity and upon such terms as the court seems reasonable, 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 causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to:
(a) The degree of inherent or acquired distinctiveness of the mark in this state;
(b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(c) The duration and extent of advertising and publicity of the mark in this state;
(d) The geographical extent of the trading area in which the mark is used;
(e) The channels of trade for the goods or services with which the mark is used;
(f) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(g) The nature and extent of use of the same or similar mark by third parties; and
(h) 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 federal principal register.
(2) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner is also entitled to the remedies under the Trademark Registration Act, subject to the discretion of the court and the principles of equity.
(3) The following are not actionable under this section:
(a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;
(b) Noncommercial use of the mark; or
(c) All forms of news reporting and news commentary.
Source
Laws 2000, LB 626, § 15.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-141 - Injunction; damages; attorney's fees.

87-141.
Injunction; damages; attorney's fees.
Any owner of a mark registered under the Trademark Registration Act may enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court determines to be just and reasonable. A defendant may be required to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed such profits and damages and reasonable attorney's 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. The enumeration of any right or remedy under the act does not affect a registrant's right to prosecute under any penal law of this state.
Source
Laws 2000, LB 626, § 16.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-142 - Cancellation or registration of mark; action; procedure.

87-142.
Cancellation or registration of mark; action; procedure.
(1) Actions to require cancellation of a mark registered pursuant to the Trademark Registration Act or in mandamus to compel registration of a mark pursuant to the act shall be brought in the district court of Lancaster County. In an action in mandamus, 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 in which it is filed and shall be given the right to intervene in the action.
(2) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under section 25-509.01.
Source
Laws 2000, LB 626, § 17.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-208 - Terms, defined.

87-208.
Terms, defined.
As used in sections 87-208 to 87-219.01, unless the context otherwise requires:
(1) Applicant means a person filing an application for registration of a trade name under such sections or his or her legal representatives, successors, or assigns;
(2) Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, unincorporated association, or two or more of the foregoing having a joint or common interest or any other legal or commercial entity;
(3) Registrant means a person to whom registration of a trade name under such sections is issued or his or her legal representatives, successors, or assigns; and
(4) Trade name means every name under which any person does or transacts any business in this state other than the true name of such person.
Source
Laws 1967, c. 628, § 1, p. 2099;
Laws 1971, LB 486, § 1;
Laws 1993, LB 121, § 556;
Laws 1997, LB 453, § 6;
Laws 2011, LB462, § 8.
Annotations
"Denali Custom Builders" was a trade name of appellant Denali Custom Builders, Inc., because it was used on signs and advertising in transacting business but was not the true name of appellant. Denali Real Estate v. Denali Custom Builders, 302 Neb. 984, 926 N.W.2d 610 (2019).
Under this and succeeding sections, right to use trade name and to prevent its use by another may be obtained by registration or adoption without recording it, but where parties had adequate remedy at law for damages and failed to show irreparable injury, neither was entitled in private antitrust action to injunction against use of certain name for buildings handled by them. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-209 - Trade name; not registered; when.

87-209.
Trade name; not registered; when.
A trade name shall not be registered if it:
(1) Consists of or comprises immoral, deceptive, or scandalous matter;
(2) Consists of or comprises matter which may disparage, bring into contempt or disrepute, or falsely suggest a connection with, persons living or dead, institutions, beliefs, or national symbols;
(3) Consists of, comprises, or simulates the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation;
(4) Consists of or comprises the name, signature, or portrait of any living individual without his or her consent;
(5)(a) Is merely descriptive or misdescriptive, or is primarily geographically descriptive or geographically misdescriptive as applied to the business of the applicant, or (b) is primarily merely a surname, but nothing in this subdivision shall prevent the registration of a trade name which has become distinctive of the applicant's business in this state. The Secretary of State may accept as evidence that a trade name has become distinctive proof of continuous use by the applicant as a trade name in this state or elsewhere for five years preceding the date of the filing of the application for registration;
(6) Consists of or comprises a trade name which so resembles a trade name registered under sections 87-208 to 87-219.01, registered in this state, or the name of a business entity on file or registered with the Secretary of State pursuant to Nebraska law as to be likely to cause confusion, mistake, or deception of purchasers, except that a name, although similar, may be used if the business entity affected consents in writing and such writing is filed with the Secretary of State. The word incorporated, inc., or corporation shall not be a part of the trade name being registered unless the firm is duly incorporated in the State of Nebraska or some other state; or
(7) Consists of the word geologist or any modification or derivative of such word, and the applicant does not meet the requirements of subsection (6) of section 81-3528.
Source
Laws 1967, c. 628, § 2, p. 2100;
Laws 1969, c. 856, § 2, p. 3225;
Laws 1971, LB 486, § 2;
Laws 1997, LB 44, § 12;
Laws 1997, LB 453, § 7;
Laws 1998, LB 1161, § 91;
Laws 2011, LB462, § 9.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-210 - Trade name; application for registration; requirements; Secretary of State.

87-210.
Trade name; application for registration; requirements; Secretary of State.
(1) Subject to the limitations set forth in sections 87-208 to 87-219.01, any person who adopts a trade name for use in this state may file in the office of the Secretary of State on a form furnished by the Secretary of State an application, in duplicate, for registration of the trade name setting forth, but not limited to, the following information:
(a) The name and street address of the applicant for registration and, if a corporation or other type of business entity, the state of incorporation or organization;
(b) The trade name sought to be registered;
(c) The general nature of the business in fact conducted by the applicant;
(d) The length of time during which the trade name has been used in this state;
(e) The signature of the applicant; and
(f) A filing fee of one hundred ten dollars if the application is submitted in writing and one hundred dollars if the application is submitted electronically pursuant to section 84-511.
(2) Upon compliance by the applicant with the requirements of sections 87-208 to 87-219.01, the Secretary of State shall return the duplicate copy stamped with the date of filing to the applicant or the representative submitting the applications for filing.
(3) The fees for filing under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees collected to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.
Source
Laws 1967, c. 628, § 3, p. 2100;
Laws 1971, LB 486, § 3;
Laws 1975, LB 95, § 9;
Laws 1982, LB 928, § 78;
Laws 1997, LB 453, § 8;
Laws 2005, LB 450, § 1;
Laws 2011, LB462, § 10;
Laws 2012, LB886, § 4;
Laws 2020, LB910, § 42.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-211 - Trade name; registration; term effective; renewal; fee; statement.

87-211.
Trade name; registration; term effective; renewal; fee; statement.
(1) Registration of a trade name under sections 87-208 to 87-219.01 shall be effective for a term of ten years from the date of registration and, upon application filed in duplicate within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee shall accompany the application for renewal of the registration. The renewal fee shall be one hundred ten dollars if the filing is submitted in writing and one hundred dollars if the filing is submitted electronically pursuant to section 84-511.
(2) A trade name registration may be renewed for successive periods of ten years in like manner.
(3) The Secretary of State shall notify registrants of trade names under sections 87-208 to 87-219.01 of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration or of last renewal by writing to the last-known street address of the registrants.
(4) Any registration in force on August 27, 1971, shall expire ten years from the date of the registration or of the last renewal thereof, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by him or her and paying the renewal fee as provided in this section within six months prior to the expiration of the registration.
(5) All applications for renewals under sections 87-208 to 87-219.01 whether of registrations made under sections 87-208 to 87-219.01 or of registrations effected under any prior act shall include a statement that the trade name is still in use in this state.
(6) A registrant may change its name, street address, and, if the registrant is a corporation or other type of business entity, its state of incorporation or organization by filing a statement of change with the Secretary of State on a form to be furnished by the Secretary of State and paying a fee of thirty dollars if the filing is submitted in writing and twenty-five dollars if the filing is submitted electronically pursuant to section 84-511. A registrant may be required to submit documented proof of its name change at the discretion of the Secretary of State.
(7) The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.
Source
Laws 1967, c. 628, § 4, p. 2101;
Laws 1971, LB 486, § 4;
Laws 1975, LB 95, § 10;
Laws 1984, LB 1016, § 1;
Laws 1997, LB 453, § 9;
Laws 2011, LB462, § 11;
Laws 2012, LB886, § 5;
Laws 2020, LB910, § 43.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-212 - Trade name; assignment; recordation; fee.

87-212.
Trade name; assignment; recordation; fee.
Any trade name registered under sections 87-208 to 87-219.01 shall be assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed, in duplicate, and may be recorded with the Secretary of State upon the payment of a fee of thirty dollars if the filing is submitted in writing and twenty-five dollars if the filing is submitted electronically pursuant to section 84-511. The street address, city, and state of the assignee must be included in the assignment. Upon recording of the assignment, the Secretary of State shall return the duplicate copy stamped with the date of filing to the applicant or the representative submitting the applications for filing. An assignment of any registration under sections 87-208 to 87-219.01 shall be void as against any subsequent purchaser for value without notice unless the assignment is recorded with the Secretary of State prior to the subsequent purchase. The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.
Source
Laws 1967, c. 628, § 5, p. 2101;
Laws 1969, c. 856, § 3, p. 3226;
Laws 1997, LB 453, § 10;
Laws 2011, LB462, § 12;
Laws 2020, LB910, § 44.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-213 - Secretary of State; record; public examination.

87-213.
Secretary of State; record; public examination.
The Secretary of State shall keep for public examination a record of all trade names registered or renewed under sections 87-208 to 87-219.01.
Source
Laws 1967, c. 628, § 6, p. 2102;
Laws 1997, LB 453, § 11;
Laws 2011, LB462, § 13.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-214 - Registration; Secretary of State; cancel; when.

87-214.
Registration; Secretary of State; cancel; when.
The Secretary of State shall cancel from the register:
(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;
(2) Any registration granted under sections 87-208 to 87-219.01 and not renewed in accordance with such sections;
(3) Any registration concerning which a court of competent jurisdiction shall find:
(a) That the registered trade name has been abandoned;
(b) That the registrant is not the owner of the trade name;
(c) That the registration was granted improperly; or
(d) That the registration was obtained fraudulently;
(4) Any registration that a court of competent jurisdiction shall order canceled on any ground; and
(5) Any registration where the registrant has failed to publish such trade name within forty-five days from the filing in the office of the Secretary of State and filing proof of publication with the Secretary of State within the forty-five days.
Source
Laws 1967, c. 628, § 7, p. 2102;
Laws 1997, LB 453, § 12;
Laws 2010, LB690, § 1;
Laws 2011, LB462, § 14;
Laws 2013, LB209, § 1.
Annotations
Where one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-215 - False representation or declaration; damages.

87-215.
False representation or declaration; damages.
Any person who, for himself or herself or on behalf of any other person, procures the registration of any trade name in the office of the Secretary of State under the provisions of sections 87-208 to 87-219.01, 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 this filing or registration, to be recovered by any party injured in any court of competent jurisdiction.
Source
Laws 1967, c. 628, § 8, p. 2102;
Laws 1997, LB 453, § 13;
Laws 2011, LB462, § 15.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-216 - Action for misuse; when.

87-216.
Action for misuse; when.
Subject to section 87-218, any person shall be liable to a civil action by the registrant of the trade name for any or all of the remedies provided in section 87-217 if that person shall:
(1) Use in connection with his or her business, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trade name registered under sections 87-208 to 87-219.01 in a manner likely to cause confusion, mistake, or deception of purchasers; or
(2) Reproduce, counterfeit, copy, or colorably imitate any registered trade name and apply the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be in conjunction with another business in this state; except that the registrant shall not be entitled to recover profits or damages unless the acts were committed with knowledge that the imitation was intended to be used to cause confusion, mistake, or deception of purchasers.
Source
Laws 1967, c. 628, § 9, p. 2103;
Laws 1997, LB 453, § 14;
Laws 2011, LB462, § 16.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-217 - Injury to business; injunction; remedies; attorney's fees.

87-217.
Injury to business; injunction; remedies; attorney's fees.
Any registrant of a trade name may proceed by suit to enjoin the use, display, or sale of any counterfeits or imitations thereof, and a court of competent jurisdiction may restrain such use, display, or sale on terms which the court deems just and reasonable and may require the defendants to pay to the registrant (1) all profits attributable to the wrongful use, display, or sale, (2) all damages caused by the wrongful use, display, or sale, or (3) both such profits and damages, and reasonable attorney's fees. In lieu of the remedies available in subdivisions (1), (2), and (3) of this section, the court may require the defendants to pay statutory damages of one thousand dollars and reasonable attorney's fees. The court may order that any counterfeits or imitations in the possession or under the control of any defendant be delivered to an officer of the court, or to the complainant, to be destroyed.
Source
Laws 1967, c. 628, § 10, p. 2103;
Laws 1997, LB 453, § 15;
Laws 2011, LB462, § 17.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-218 - Trade name; enforcement of rights.

87-218.
Trade name; enforcement of rights.
Sections 87-208 to 87-219.01 shall not adversely affect rights in trade names, or the enforcement of rights in trade names, acquired at any time in good faith at common law.
Source
Laws 1967, c. 628, § 11, p. 2104;
Laws 1997, LB 453, § 16;
Laws 2011, LB462, § 18.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-219 - Trade name; publication; file; failure; effect.

87-219.
Trade name; publication; file; failure; effect.
Every duplicate of the registration of a trade name shall be published by the applicant once in a newspaper of general circulation published in the city or village where the business is to be located, or, if there is no newspaper in the city or village, in some newspaper of general circulation in the county. Proof of such publication shall be filed in the office of the Secretary of State within forty-five days from the date of registration in the office of the Secretary of State. If proof of publication is not filed with the Secretary of State within the forty-five days, the registration shall be canceled by the Secretary of State.
Source
Laws 1967, c. 628, § 13, p. 2104;
Laws 2010, LB690, § 2;
Laws 2013, LB209, § 2.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-219.01 - Trade name; protest registration; procedure.

87-219.01.
Trade name; protest registration; procedure.
(1) Within sixty days after the publication of a new registered trade name as provided in section 87-219, a person holding a valid registration of a trade name, corporate name, or limited liability company name may protest the registration of the new trade name. The protest shall be submitted in writing to the Secretary of State. The Secretary of State shall forward a copy of the written complaint to the new registrant who shall have thirty days to respond to the complaint in writing. If, upon review of the complaint and the response to the complaint, the Secretary of State finds that the new registered trade name violates any provision of section 87-209, the Secretary of State shall cancel such trade name. Unless the dispute over the registration of the new trade name is otherwise resolved or settled by the parties, the Secretary of State shall make his or her finding within fifteen days after the response by the new registrant.
(2) The Secretary of State's decision may be appealed to the district court of Lancaster County within thirty days after notice of the decision is received by the appealing party. The appeal shall be commenced by petitioning the district court to compel the Secretary of State to cancel or reinstate such trade name, and attached to the petition shall be copies of the original filing for the trade name, proof of publication, the complaint, the response to the complaint, if any, and the Secretary of State's finding. The district court may summarily order the Secretary of State to cancel or reinstate such trade name or take any other action the district court considers appropriate. The district court's final decision may be appealed as in other civil proceedings.
Source
Laws 1997, LB 453, § 17.
2023 Nebraska Revised Statutes › Chapter 87 - Trade Practices › 87-303.01 - Unconscionable act or practice; violation; determination.

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