reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.700 - Definitions for ORS 647.700 to 647.730.

As used in ORS 647.700 to 647.730:
(1) "Copyright owner" means a person that owns a copyright that is recognized and enforceable under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.).
(2) "Perform" means to disseminate a musical work by playing a recording of the musical work in public, by broadcasting the musical work by radio, television, cable television, satellite or other means or by playing the musical work live in public.
(3) "Performing rights society" means an association or corporation that grants a license on behalf of a copyright owner to perform a copyrighted musical work, including but not limited to the following societies and corporations:
(a) The American Society of Composers, Authors and Publishers (ASCAP);
(b) Broadcast Music, Inc. (BMI); and
(c) SESAC.
(4) "Proprietor" means an owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in this state in which the public may assemble and in which copyrighted musical works may be performed.
(5) "Royalty" means a fee provided to a copyright owner or performing rights society for a license to perform a musical work. [1997 c.236 §1; 2018 c.28 §4]
Note:
647.700 to 647.730 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 647 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.705 - Requirements for performing rights societies.

(1) A performing rights society may not enter into, or offer to enter into, a contract under the terms of which a proprietor must pay royalties unless the performing rights society, at least 72 hours before entering into the contract, provides to the proprietor or an employee of the proprietor:
(a) Information, at the proprietor’s request, as to whether specific copyrighted musical works are in the repertoire of the performing rights society;
(b) An opportunity to review, electronically and free of charge, the most current available list of the performing rights society’s members or affiliates, and the most current available list of the musical works that the performing rights society licenses, in a format that the proprietor can search by title, publisher and performing artist; and
(c) A schedule of rates and terms under which the performing rights society will collect royalties under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract.
(2) A performing rights society may not license or attempt to license a proprietor to perform a musical work in this state unless the performing rights society each year submits to the Secretary of State for filing an electronic template copy of each performing rights form contract that a performing rights society offers to a proprietor in this state under which the proprietor would pay royalties.
(3) The Secretary of State’s duty to file documents under this section is ministerial. The Secretary of State need not review or verify the contents of performing rights contracts for compliance with this section. [1997 c.236 §2; 2018 c.28 §5]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.708 - Requirement for performing rights society to have authorization to do business in state.

A performing rights society may not collect royalties, fees, penalties or other amounts for performing copyrighted musical works or enter into a contract to collect royalties for performing a copyrighted musical work unless the performing rights society is authorized to do business in this state. This section does not apply to a performing rights society that by law is exempt from a requirement to have an authorization to do business in this state. [2018 c.28 §3]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.710 - Requirements for contracts for payment of royalties.

A contract that a performing rights society executes or renews in this state under which a proprietor pays royalties must be:
(1) In writing;
(2) Signed by the parties; and
(3) Written to include, at a minimum, the following information:
(a) The proprietor’s name and business address and the name and location of each place of business to which the contract applies;
(b) The name of the performing rights society;
(c) The duration of the contract; and
(d) The schedule of rates and terms of the royalties the performing rights society will collect under the contract, including the terms of any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract. [1997 c.236 §3; 2018 c.28 §6]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.715 - Prohibited conduct.

A performing rights society or any agent or employee of a performing rights society may not:
(1) Enter onto the premises of a proprietor’s business to discuss or inquire about a contract under which the proprietor will pay royalties without first:
(a) Providing identification to the proprietor or the proprietor’s employees; and
(b) Specifying the purpose of the entry;
(2) Use abusive, profane or obscene language when communicating with a proprietor or the proprietor’s employees;
(3) Communicate with a proprietor or the proprietor’s employees in person or by telephone in locations or at times other than in the proprietor’s place of business during regular business hours unless the proprietor’s place of business is not open to the public and the proprietor or an employee, agent or representative of the proprietor agrees to communicate in a different location or at a different time;
(4) Communicate with a proprietor or the proprietor’s employees after receiving notice from the proprietor’s attorney that the performing rights society or an agent or employee of the performing rights society must address communications to the proprietor’s attorney, except that a performing rights society or an agent or employee of the performing rights society may communicate directly with the proprietor or the proprietor’s employees if the attorney fails to respond to communications for a period of 60 days or more;
(5) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor’s business;
(6) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or
(7) Fail to comply with or fulfill the obligations imposed by ORS 647.705 and 647.710. [1997 c.236 §4; 2018 c.28 §7]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.720 - Action for damages; injunction; fines.

(1) Any person may bring an action to recover actual damages and reasonable attorney fees or seek an injunction or any other remedy available at law or in equity for a violation of ORS 647.705, 647.708, 647.710 or 647.715.
(2) In addition to and not in lieu of any damages a person may recover under subsection (1) of this section, a court may impose a fine of not more than $1,000 for each willful violation of ORS 647.705, 647.708, 647.710 or 647.715. [1997 c.236 §5; 2018 c.28 §8]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.725 - Relationship to other laws.

The rights, remedies and prohibitions in ORS 647.700 to 647.730 are in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state. ORS 647.700 to 647.730 do not deny, abrogate or impair any common law or statutory right, remedy or prohibition. [1997 c.236 §6; 2018 c.28 §9]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.728 - Conduct of investigations by performing rights society.

ORS 647.700 to 647.730 do not prohibit a performing rights society from conducting investigations to determine whether a proprietor is performing copyrighted musical works or informing a proprietor of the proprietor’s obligations under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.) and other copyright laws or regulations of the United States. [2018 c.28 §2]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.730 - Applicability of ORS 647.700 to 647.730.

ORS 647.700 to 647.730 do not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable television operators, cable television programmers or other similar transmission services. ORS 647.700 to 647.730 do not apply to musical works performed in synchronization with an audiovisual film or tape. [1997 c.236 §7]
Note:
See note under 647.700.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.007 - Requirement to register assumed business name and service mark; exceptions.

(1) No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration.
(2) A person shall register a service mark as an assumed business name if the person carries on, conducts or transacts business under the service mark and the person does not disclose conspicuously the person’s real and true name at the time and place that the person carries on, conducts or transacts business.
(3) ORS 648.010 and subsection (1) of this section do not apply to:
(a) A foreign corporation that applied for and was issued a certificate of authority prior to September 20, 1985, and that carries on, conducts or transacts business in this state exclusively under the name that it stated in its application that it elects to use in this state, as shown on the records of the Office of the Secretary of State.
(b) A partnership which uses the surname of all or some of the partners all of whom are licensed by a common licensure board or commission.
(c) A mutual and voluntary association composed of 10 or more farmers and landowners formed for the purpose of constructing, owning and operating reservoirs, irrigation ditches and irrigation works. The secretary of each association shall maintain a complete and current record of the association’s members, and shall furnish a copy of the record upon request.
(4) Nothing in this chapter shall preclude a person from registering more than one assumed business name. [1985 c.728 §92]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.008 - Optional registration of real and true name.

(1) Notwithstanding any provision of this chapter, a person that will carry on, conduct or transact business under the real and true name of the person may apply for registration of the real and true name with the Office of the Secretary of State.
(2) An application for registration of a real and true name shall be treated in the same manner as an application to register an assumed business name under this chapter. If a real and true name is registered under this chapter, all provisions of this chapter applicable to an assumed business name shall also apply to a real and true name. [1995 c.454 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.010 - Registration of assumed business name; contents of application; designation of representative; effect.

(1) Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assumed business name shall file a consolidated application to register the assumed business name.
(2) The application shall state:
(a) The assumed business name to be registered. The applicant shall write the assumed business name in the alphabet used to write the English language. The assumed business name may include numerals and incidental punctuation.
(b) The real and true name and street address of each person who intends to carry on, conduct or transact business under the assumed business name.
(c) The principal address at which the applicant intends to carry on, conduct or transact business and a listing of each county in which the applicant intends to carry on, conduct or transact business to the extent that ORS 648.007 would require the applicant to register the assumed business name for that county.
(d) The name and the mailing address of the person whom the applicant authorizes to represent the applicant in transactions with the Office of the Secretary of State with respect to the registration. All of the registrants of an assumed business name for a single business shall designate the same person under this subsection.
(e) The applicant’s primary business activity.
(f) Any other information that the Secretary of State by rule may require.
(3) The person named in the application to be authorized to represent the applicant is authorized to receive notices under this chapter and to perform any duty that this chapter requires of the registrant of the assumed business name, but is not by the application or registration made the registrant’s agent for the service of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1; 1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.012 - Registration duty of Secretary of State.

(1) If an application delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 648.010, the Secretary of State shall register it.
(2) The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.
(3) If the Secretary of State refuses to register an assumed business name, the Secretary of State shall return the application to the applicant within 10 business days after the application was delivered together with a brief written explanation of the reason for the refusal.
(4) The duty of the Secretary of State to register assumed business names under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any application delivered to the Office of the Secretary of State. The Secretary of State’s registering or refusing to register an assumed business name does not:
(a) Affect the validity or invalidity of the application in whole or part; or
(b) Relate to the correctness or incorrectness of information contained in the application.
(5) The Secretary of State’s refusal to register an assumed business name does not create a presumption that the application is invalid or that information contained in the application is incorrect. [1995 c.454 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.014 - Forms; rules.

(1) Upon request, the Secretary of State may furnish forms for documents required or permitted to be filed by this chapter.
(2) The Secretary of State may by rule require the use of the forms. [1995 c.454 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.017 - Renewal of registration; fee; contents of application; rules; effect of failure to renew; notice.

(1) A registrant must apply to renew a registration of an assumed business name within 30 days before the second anniversary of the date that the Secretary of State registered the assumed business name and each second anniversary thereafter. The registrant must apply to the Office of the Secretary of State for renewal of the registration and submit with the renewal a renewal fee. The application for renewal must include all identifying information required by rule of the Secretary of State. Failure to apply for renewal and pay the required fee is grounds for administrative cancellation of the registration.
(2) Not less than 30 days before the application for renewal is due, the Secretary of State shall notify each authorized representative of the requirement to apply for renewal. The notice shall indicate the date by which the renewal application must be submitted, and shall include the renewal application. The notice shall state that if the registrant fails to submit the renewal application and renewal fee on or before the renewal deadline, the registration of the assumed business name will be canceled without further notice.
(3) If the Secretary of State finds that the application for renewal conforms to the requirements of this section, and all fees have been paid, the Secretary of State shall renew the registration. [1969 c.154 §6; 1977 c.78 §6; 1981 c.633 §75; 1985 c.728 §98; 1987 c.94 §161]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.018 - Reactivation of assumed business name; application; notification of denial; appeal.

(1) A registrant, within five years after the date on which the Secretary of State administratively canceled an assumed business name under ORS 648.017, may apply to the Secretary of State to reactivate the assumed business name. The application must comply with the requirements set forth in ORS 648.010.
(2) The application must:
(a) State the assumed business name and the date on which the Secretary of State administratively canceled the registration for the assumed business name; and
(b) State that the grounds for the cancellation do not exist or have been eliminated.
(3) The registrant or an authorized representative of the registrant shall sign and deliver the application described in subsection (1) of this section to the office of the Secretary of State for filing.
(4) If the Secretary of State determines that the application described in subsection (1) of this section contains the information required under subsection (2) of this section, that the information is correct, that the application otherwise complies with the requirements of ORS 648.010 and that the registrant has paid all fees and charges due since the date of cancellation, the Secretary of State shall reactivate the assumed business name. The reactivation is effective when the Secretary of State files the application.
(5) If the Secretary of State denies a registrant’s application for reactivation under this section, the Secretary of State shall notify the registrant in writing and explain the reason for the denial.
(6) A registrant may appeal the Secretary of State’s decision to deny an application the registrant submitted under this section. The registrant’s appeal is subject to the provisions of ORS chapter 183. [2011 c.147 §31]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.029 - Alteration of registration to reflect corporate structure change.

Where a domestic corporation is the registrant of an assumed business name and the corporation merges or amends its articles of incorporation to change its corporate name or a foreign corporation procures an amended certificate of authority, the Secretary of State may alter the assumed business name registration to indicate the surviving or changed corporate name. [1969 c.154 §8; 1995 c.454 §7]
Note:
648.029 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 648 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.051 - When registration refused; affidavit of applicant; registration effective until canceled.

(1) Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application.
(2) The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from another assumed business name or from the name of a person, including a reserved name or registered name of active record with the Office of the Secretary of State except as provided in subsection (3) of this section.
(3) The Secretary of State shall register an assumed business name if the applicant submits for filing an affidavit that the applicant has a right to use the assumed business name in the county or counties stated in the application for the character of business that the applicant will carry on, conduct or transact under the assumed business name. The affidavit shall state:
(a) That the affiant has been advised of the penalties for false swearing;
(b) The facts upon which the affidavit is based and that the affiant swears to the existence of the facts from the affiant’s own knowledge; and
(c) That the affiant believes that the facts stated are sufficient to establish either:
(A) That prior use of the name by the applicant or by the licensor of the applicant has vested in the applicant a right to use the assumed business name for the character of business stated in the application in the county or counties listed in the application; or
(B) That the character of business that the applicant intends to carry on, conduct or transact under the assumed business name will not so resemble the character of business, if any, that the person who filed, reserved or registered the assumed business name or the name of the person identified under subsection (2) of this section conducts under the name in the county or any of the counties listed in the application as to be likely to cause confusion or mistake or to deceive.
(4) The registration of an assumed business name remains in effect until canceled. [1985 c.728 §96; 1995 c.454 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.055 - Cancellation of registration upon dissolution or when corporate authority withdrawn or revoked.

(1) If the only registrant of an assumed business name is a domestic corporation that has been dissolved, the Secretary of State may cancel the registration.
(2) If the only registrant of an assumed business name is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the Secretary of State may cancel the registration. [1969 c.154 §7; 1987 c.94 §165; 2005 c.22 §452]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.057 - Cancellation of registration upon termination of business; signature of registrant; delivery.

(1) An assumed business name must be canceled not later than the 60th day after the registrant or registrants of the assumed business name cease doing business under that name.
(2) The application required by subsection (1) of this section shall be signed by the registrant or registrants of the assumed business name or by the authorized representative of the registrant or registrants and shall be delivered to the Office of the Secretary of State for filing. [1987 c.94 §164]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.061 - Consent of nonresident persons to service of process.

Any of the persons not domiciled within this state or foreign persons not authorized to do business within this state who appear as persons who will carry on, conduct or transact business under an assumed business name in an application for registration filed under ORS 648.010 shall be deemed to have appointed the Secretary of State as agent upon whom may be served at any time any process, notice or demand required or permitted by law to be served upon them. [1967 c.152 §2 (enacted in lieu of 648.060); 1995 c.454 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.070 - Service of process on nonresident.

A person making service of process authorized by ORS 648.061 shall make the service by delivering a copy of the process in person or by certified mail to the Office of the Secretary of State. The service shall be sufficient and valid personal service upon the persons not domiciled in this state to whom ORS 648.061 applies if the plaintiff immediately sends notice of the service and a copy of the process by certified mail to the principal office of the persons against whom the process or pleadings are directed, and the return receipt of the latter and plaintiff’s affidavit of compliance with this section are appended to the process and entered as a part of the return thereof. The defendant persons against whom the process or pleadings are directed shall have 30 days after the date of mailing of the process or pleadings in which to appear and plead. Personal service outside the state in accordance with the statutes of Oregon relating to personal service of summons outside the state shall relieve the plaintiff from mailing copies of the summons or process by registered mail as provided in this section. [Amended by 1963 c.551 §10; 1983 c.717 §33; 1991 c.132 §24]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.081 - False or fraudulent registration prohibited; cancellation of conflicting registration; effect on other remedies.

(1) No person shall procure or maintain the registration of an assumed business name with the Office of the Secretary of State by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means. No person shall register or use an assumed business name with an intent to create a likelihood of confusion with another person.
(2) A person that is not a corporation, limited liability company, business trust or limited partnership violates subsection (1) of this section if the person registers an assumed business name that contains the words "corporation," "incorporated," "limited liability company," "limited partnership" or "business trust" or an abbreviation of any of those terms.
(3) A foreign or domestic profit or nonprofit corporation may register as an assumed business name its corporate name minus the word, abbreviation or phrase that ORS 60.094 or 60.717 requires.
(4) A foreign or domestic limited liability company may register as an assumed business name its limited liability company name minus the word, abbreviation or phrase that ORS 63.094 or 63.717 requires.
(5) A foreign or domestic limited partnership may register as an assumed business name its limited partnership name minus the word, abbreviation or phrase that ORS 70.010 or 70.365 requires.
(6) A foreign or domestic business trust may register as an assumed business name its business trust name minus the word, abbreviation or phrase that ORS 60.094 or 60.717 requires.
(7) The Secretary of State shall cancel the registration of a conflicting assumed business name if a person other than the registrant submits to the Office of the Secretary of State a certified copy of a final judgment of a court that finds that the person has a right superior to that of the registrant to use the name in this state. Nothing in this subsection shall preclude the Secretary of State from seeking a civil penalty under ORS 648.990 after cancellation if the former registrant continues to carry on, to conduct or to transact business under the assumed business name.
(8) Nothing in this section shall limit any person’s right to seek a remedy under ORS 646.638 or to seek an injunction under ORS 647.107. [1985 c.728 §97; 1987 c.94 §106; 1995 c.454 §10; 2003 c.576 §529]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.115 - Filing, service, copying and certification fees.

The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the secretary under this chapter. The secretary may collect the fees described in ORS 56.140 for copying any public record under this chapter, certifying the copy or certifying to other facts of record under this chapter. [1963 c.551 §15; 1967 c.233 §2; 1969 c.154 §9; 1981 c.633 §77; 1985 c.351 §26; 1987 c.94 §166; 1989 c.383 §5; 1991 c.132 §25; 1995 c.454 §11; 1999 c.652 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.135 - Effect of violation of ORS 648.007; damages and attorney fees; effect on other laws.

(1) A person who carries on, conducts or transacts business in violation of ORS 648.007 shall lack standing before the courts of this state to maintain a cause of action for the benefit of the business. The person may cure the incapacity at any time by complying with ORS 648.007. Nothing in this section shall extend any statute of limitations.
(2) In any action or suit in which the cause of action arises out of business that the defendant carried on, conducted or transacted in violation of ORS 648.007, the plaintiff shall be entitled to recover $500 or the actual costs that the court determines that the plaintiff reasonably incurred to ascertain the real and true name of the defendant, whichever is greater. The court may award reasonable attorney fees to the prevailing party in an action under this subsection.
(3) Except as provided in this section, nothing in this chapter shall abrogate or limit the law as to unfair competition or unfair trade practices or derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and to protect trade names. [1985 c.728 §93; 1987 c.390 §1; 1995 c.454 §12; 1995 c.618 §106]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.990 - Penalties.

(1) Violation of any of the provisions of this chapter is punishable by a civil penalty not exceeding $100.
(2) A penalty imposed under this section is in addition to any other penalty which may be imposed by the state or a political subdivision of this state under any other civil or criminal statute. [Amended by 1963 c.551 §17; 1985 c.728 §101]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 648 - Assumed Business Names › Section 648.992 - Penalty for signing false document.

(1) A person commits the crime of signing a false document for filing if the person:
(a) Knows the document is false in any material respect; and
(b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under this chapter.
(2) Signing a false document for filing is a Class A misdemeanor.
(3) This section does not limit or affect any civil penalty the Secretary of State may impose for violating a provision of this chapter or any person’s right to seek a remedy that is otherwise available under this chapter. [2013 c.158 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 649 - Insignia and Names of Organizations › Section 649.010 - Definitions for ORS 649.010 to 649.080.

As used in ORS 649.010 to 649.080:
(1) "Organization" means any association, lodge, order, fraternal society, beneficial association or fraternal and beneficial society or association, historical, military or veterans’ organization, labor union, foundation, federation or any other society, organization or association, degree, branch, subordinate lodge or auxiliary, incorporated or unincorporated, the activities of which are lawful.
(2) "Insignia" means a badge, mark, motto, button, decoration, charm, emblem or rosette. [Amended by 2003 c.45 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 649 - Insignia and Names of Organizations › Section 649.020 - Registration of name or insignia of organization; certificate of registration; fees.

(1) An organization that uses a name or insignia may file an application to register the name or insignia with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015. The Secretary of State shall evaluate the application as provided in ORS 647.029 and 647.035, shall determine whether the name or insignia is in use as provided in ORS 647.017 and may issue a certificate of registration for the name or insignia as provided in ORS 647.045.
(2) A certificate of registration that the Secretary of State issues under this section is:
(a) Effective for the term set forth in ORS 647.055;
(b) Subject to renewal as provided in ORS 647.055; and
(c) Subject to cancellation as provided in ORS 647.075.
(3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009.
(4) For the purpose of proving in an action or proceeding in a court in this state that an organization registered a name or insignia under this section, a certificate of registration that the Secretary of State issues for a name or insignia has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045.
(5) A person must bring an action to compel or to cancel a registration for a name or insignia in accordance with the procedures set forth in ORS 647.077 for actions to compel or cancel registrations for marks. [Amended by 2015 c.277 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 649 - Insignia and Names of Organizations › Section 649.030 - Unauthorized use of registered name or insignia.

A person may not wear, exhibit, display, print or use, for any purpose, an organization’s name or insignia if the organization registered the name or insignia under ORS 649.020 unless the person is entitled to wear, exhibit, display, print or use the name or insignia under the constitution, bylaws, rules and regulations of the organization. [Amended by 2015 c.277 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 649 - Insignia and Names of Organizations › Section 649.080 - Unauthorized display of name or insignia of motor vehicle association.

A person may not display the name or insignia of a motor vehicle club or similar organization on a motor vehicle if the motor vehicle club or organization has registered the name or insignia under ORS 649.020, unless the constitution, bylaws, rules or regulations of the motor vehicle club or organization permit the person to display the name or insignia. [Amended by 2003 c.45 §2; 2015 c.277 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 649 - Insignia and Names of Organizations › Section 649.990 - Penalties.

(1) A violation of ORS 649.030 is a Class D violation.
(2) A violation of ORS 649.080 is a Class C misdemeanor. [Amended by 1971 c.743 §403; 1983 c.740 §238; 1983 c.338 §962; 1985 c.16 §475; 1999 c.1051 §214; 2011 c.597 §261; 2015 c.277 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.005 - Definitions for ORS 650.005 to 650.100.

As used in ORS 650.005 to 650.100, unless the context requires otherwise:
(1) "Area franchise" means a contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for a valuable consideration, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor.
(2) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(3) "Director" means Director of the Department of Consumer and Business Services.
(4) "Franchise" means a contract or agreement, whether oral or written, by which:
(a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor;
(b) The operation of the franchisee’s business pursuant to such plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor of such plan or system; and
(c) The franchisee is required to give to the franchisor a valuable consideration for the right to transact business pursuant to the plan or system. Payment for trading stamps in itself is not consideration for the right to transact business pursuant to a plan or system.
(5) "Franchisee" means a person to whom a franchise is sold by a franchisor.
(6) "Franchisor" means a person, including a subfranchisor, who sells a franchise for $100 or more to a franchisee or subfranchisor.
(7) "Offer" or "offer to sell" includes every attempt to offer to dispose of, or solicitation of an offer to buy, a franchise or interest in a franchise for value.
(8) "Sale" or "sell" includes every contract or agreement of sale of, contract to sell, or disposition of a franchise or interest in a franchise for value, but does not include the renewal or extension of an existing franchise without any material change in the terms thereof if there is no interruption in the operation of the franchised business by the franchisee.
(9) "Subfranchisor" means a person to whom an area franchise is sold by a franchisor. [1973 c.509 §1; 1987 c.414 §77; 1993 c.744 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.010 - Franchise sellers required to maintain books and records; filings with director.

Every person who offers to sell a franchise in this state shall maintain a complete set of books, records and accounts of any such sale and the disposition of the proceeds thereof, and shall, at such times as the Director of the Department of Consumer and Business Services may require, file in the office of the director a report, stating the names of each person to whom a franchise has been sold by the person filing the report, the amount of the proceeds derived and the disposition. [1973 c.509 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.015 - When franchise sale or offer for sale is made in this state.

(1) A sale or offer to sell a franchise is made in this state when an offer to sell is made in this state, or an offer to buy is accepted in this state, or, if the franchisee is domiciled in this state, the franchised business is or will be operated in this state.
(2) An offer to sell a franchise is made in this state when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed. An offer to sell is accepted in this state when acceptance is communicated to the offeror in this state. Acceptance is communicated to the offeror in this state when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed.
(3) An offer to sell a franchise is not made in this state merely because:
(a) The publisher circulates or there is circulated on behalf of the publisher in this state any bona fide newspaper or other publication of general, regular and paid circulation outside this state during the past 12 months; or
(b) A radio or television program originating outside this state is received in this state. [1973 c.509 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.020 - Liability of franchise seller; defenses; amount of recovery; attorney fees; joint and several liability; limitation on action; indemnification of corporation; right of contribution.

(1) Any person who sells a franchise is liable as provided in subsection (3) of this section to the franchisee if the seller:
(a) Employs any device, scheme or artifice to defraud; or
(b) Makes any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.
(2) It shall be an affirmative defense to any action for legal or equitable remedies brought under subsection (1) of this section if the franchisee knew of the untruth or omission.
(3) The franchisee may recover any amounts to which the franchisee would be entitled upon an action for a rescission. Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.
(4) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (3) of this section if the action under this section is maintained as a class action pursuant to ORCP 32.
(5) Every person who directly or indirectly controls a franchisor liable under subsection (1) of this section, every partner, officer or director of the franchisor, every person occupying a similar status or performing similar functions, and every person who participates or materially aids in the sale of a franchise is also liable jointly and severally to the same extent as the franchisor, unless the nonseller did not know, and, in the exercise of reasonable care, could not have known, of the existence of the facts on which the liability is based.
(6) An action may not be commenced under this section more than three years after the sale.
(7) A corporation which is liable under ORS 650.005 to 650.100 shall have a right of indemnification against any of its principal executive officers, directors and controlling persons whose willful violation of any provision of ORS 650.005 to 650.100 gave rise to the liability. All persons liable under ORS 650.005 to 650.100 shall have a right of contribution against all other persons similarly liable, based upon each person’s proportionate share of the total liability, except:
(a) A person willfully misrepresenting or failing to disclose shall not have any right of contribution against any other person guilty merely of a negligent violation; and
(b) A principal executive officer, director, or controlling person shall not have any right of contribution against the corporation to which the person sustains that relationship. [1973 c.509 §4; 1979 c.284 §185; 1995 c.696 §40]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.050 - Rules.

In accordance with this section and ORS chapter 183, the Director of the Department of Consumer and Business Services may from time to time make, amend and rescind such rules as are necessary to carry out the provisions of ORS 650.005 to 650.100. [1973 c.509 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.055 - General duties and powers of director.

The Director of the Department of Consumer and Business Services may:
(1) Undertake the investigations, including investigations outside this state, that the director considers necessary to:
(a) Determine whether a person:
(A) Has failed to comply with ORS 650.010;
(B) Has engaged in, is engaging in or is about to engage in an act or practice that would give rise to liability under ORS 650.020; or
(C) Has violated, is violating or is about to violate a rule of the director adopted under ORS 650.050.
(b) Aid in the enforcement of ORS 650.005 to 650.100 or in the formulation of rules and forms that carry out ORS 650.005 to 650.100.
(2) Require a person to file a statement in writing, under oath or otherwise, concerning the matter being investigated.
(3) When the director has reason to believe that a person has failed to comply with ORS 650.010, issue an order to comply.
(4) When the director has reason to believe that a person has engaged in, is engaging in or is about to engage in an act or practice that would give rise to liability under ORS 650.020, issue an order to cease and desist from the act or practice.
(5) When the director has reason to believe that a person has violated, is violating or is about to violate a rule of the director adopted under ORS 650.050, issue an order to cease and desist from the violation.
(6) Publish information concerning any:
(a) Failure to comply with ORS 650.010;
(b) Act or practice that gives rise to liability under ORS 650.020;
(c) Violation of a rule of the director adopted under ORS 650.050; or
(d) Person who:
(A) Fails to comply with ORS 650.010;
(B) Commits an act or practice that gives rise to liability under ORS 650.020; or
(C) Violates a rule of the director adopted under ORS 650.050. [1973 c.509 §6; 2005 c.339 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 650 - Franchise Transactions › Section 650.057 - Orders issued under ORS 650.055.

(1) The Director of the Department of Consumer and Business Services shall serve an order under ORS 650.055 on the person named in the order.
(2) An order issued under ORS 650.055 becomes effective upon service on the person named in the order.
(3) ORS 183.413 to 183.470 apply to orders issued under ORS 650.055.
(4) Notwithstanding subsection (3) of this section, a person may not obtain a hearing on the order unless the person requests the hearing within 20 days of service of the order.
(5) A person who does not request a contested case hearing may not obtain judicial review of the order.
(6) The director may vacate or modify an order issued under ORS 650.055 at any time. A modified order is effective upon service on the person named in the order. [2005 c.339 §3]