reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-513 - Determining if mark is distinctive and famous - Remedies

(a)
The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems 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 including, but not limited to:
(1)
The degree of inherent or acquired distinctiveness of the mark in this state;
(2)
The duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(3)
The duration and extent of advertising and publicity of the mark in this state;
(4)
The geographical extent of the trading area in which the mark is used;
(5)
The channels of trade for the goods or services with which the mark is used;
(6)
The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(7)
The nature and extent of use of the same or similar mark by third parties; and
(8)
Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register.
(b)
In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought 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 shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(c)
The following shall not be actionable under this section:
(1)
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;
(2)
Noncommercial use of the mark; or
(3)
All forms of news reporting and news commentary.
Acts 1982, ch. 698, § 13; T.C.A., §§ 69-541, 47-25-433, 47-25-512; Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-514 - Remedies - Penalties for violations

(a)
Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as such court may deem just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b)
The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state.
Acts 1982, ch. 698, § 14; T.C.A., §§ 69-542, 47-25-434; Acts 1989, ch. 591, §§ 1, 6; T.C.A., §
47-25-513
; Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-515 - Forum for actions regarding registration - Service on nonresident registrants

(a)
Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part shall be brought in the circuit court of Davidson 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.
(b)
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 Tennessee law.
Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-516 - Common law rights

Nothing in this part shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Acts 1982, ch. 698, § 15; T.C.A., §§ 69-543, 47-25-435, 47-25-514; Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-517 - Fees

The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable under this part are not refundable.
Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 5 - TENNESSEE TRADE MARK ACT OF 2000 (§§ 47-25-501 — 47-25-518) › Section 47-25-518 - Intent of act

The intent of this part is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this part.
Acts 2000, ch. 671, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-601 - Short title

This part shall be known and may be cited as the "Petroleum Trade Practices Act."
Acts 1975, ch. 232, § 1; T.C.A., § 69-701.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-603 - Purpose

(a)
The purpose of this part is to regulate vertical integration of the petroleum industry in Tennessee, it being the conclusion of the general assembly hereby expressed that vertical integration tends to operate in restraint of free trade and inhibits full and free competition and, therefore, tends to increase the price of petroleum and related products and services as prohibited under part 1 of this chapter.
(b)
Independent and small dealers and distributors of petroleum and related products are vital to a healthy, competitive marketplace, but are unable to survive subsidized below-cost pricing at the retail level by others who have other sources of income. Below-cost selling laws have been effective in preserving independent and small retailers and wholesalers in other trades and businesses from subsidized pricing. Subsidized pricing is inherently unfair and destructive to, and reduces competition in, the motor fuel marketing industry, and is a form of predatory pricing. An additional purpose of this part is to prevent and eliminate subsidized pricing of petroleum and related products.
Acts 1975, ch. 232, § 1; T.C.A., § 69-703; Acts 1988, ch. 1033, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-604 - Termination of franchise agreement - Notice - Permissible causes

(a)
(1)
Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement.
(2)
Such notice shall state the date of issuance and termination and the cause for such termination.
(3)
The notice provided for in this section shall not be required in emergencies where franchise agreement termination is for cause and the notice requirement would place an unreasonable burden on the vertically integrated producer.
(b)
Permissible causes may include, but are not limited to:
(1)
Substantial breach of the franchise agreement by the dealer;
(2)
Occurrences rendering performance of the franchise agreement impossible, such as the death of either party or the destruction of the retail petroleum outlet premises;
(3)
Mutual agreement of the parties; and
(4)
Bankruptcy of either party.
Acts 1975, ch. 232, § 1; T.C.A., § 69-704.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-605 - Improper franchise termination - Presumption - Damages

(a)
Any vertically integrated producer who:
(1)
Terminates, fails to renew, or in any manner attempts to cause the cancellation of a franchise agreement with a dealer through the use of price or service discrimination, the imposition of unreasonable hours of operation requirements, or products allocation discrimination, or otherwise attempts to effectuate the termination of a franchise agreement for reasons other than those permitted in §
47-25-604
;
(2)
Has operated under a franchise with such vertically integrated producer for one (1) year or more; and
(3)
Upon the termination of the franchise agreement, converts the premises into a producer operated facility within two (2) years after the franchise agreement is terminated;
shall be presumed to engage in operations, arrangements, or agreements which tend to lessen full and free competition and enhance vertical integration in violation of public policy and this part and in violation of part 1 of this chapter.
(b)
Any corporation adjudicated to be in violation of this section shall be liable for the damages and penalties set forth in part 1 of this chapter.
(c)
Presumptions arising under the operation of this section are rebuttable and may be overcome by clear and convincing evidence to the contrary.
Acts 1975, ch. 232, § 1; T.C.A., § 69-705.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-606 - Injunction - Damages

Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer's legal representative in an amount which is three (3) times the value of the franchise agreement and the reasonable value of the dealer's good will lost as a consequence of the franchise termination combined, plus punitive damages where warranted.
Acts 1975, ch. 232, § 1; T.C.A., § 69-706.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-607 - Action by dealer

Any dealer aggrieved by violations of this part, or such dealer's legal representative, may bring suit in any court of competent jurisdiction and receive injunctive relief or damages as set forth in this part.
Acts 1975, ch. 232, § 1; T.C.A., § 69-707.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-621 - Creation of franchise - Franchisor's duty of disclosure

A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded:
(1)
The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period during which the location has been supplied by the supplier, whichever is shorter;
(2)
Projections of gallonage consumption, if any, which were used by the franchisor in making a decision to invest in the location under negotiation;
(3)
The name and last known address of the previous dealers for the last three (3) years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter;
(4)
Any legally binding commitments for the sale, demolition, or other disposition of the location in effect prior to the termination date of the agreement;
(5)
The training programs, if any, and the specific goods and services the supplier will provide with or without cost to the dealer;
(6)
Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries, or any other company or any advertising and promotional items that the dealer must accept; and
(7)
Full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement.
Acts 1977, ch. 422, § 2(A); T.C.A., § 69-721.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-623 - Unfair practices generally

(a)
(1)
It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent:
(A)
Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered;
(B)
Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade;
(C)
Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and
(D)
A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor.
(2)
It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee.
(b)
A violation of this section is a Class C misdemeanor.
(c)
Nothing in this section shall apply to the purchase of petroleum products for their own use by state and local agencies.
Acts 1977, ch. 422, § 3; T.C.A., § 69-723; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-624 - Dealer trade associations

No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers.
Acts 1977, ch. 422, § 4; T.C.A., § 69-724.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-625 - Credit sales of gasohol, etc

No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuels containing alcohol equal to at least ten percent (10%) of total volume.
Acts 1980, ch. 603, § 1; T.C.A., § 69-725.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 6 - PETROLEUM TRADE PRACTICES (§§ 47-25-601 — 47-25-626) › Section 47-25-626 - Supplying of gasohol, etc

(a)
No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least ten percent (10%) of total volume.
(b)
Any such distributor or wholesale dealer who prohibits or restricts or attempts to prohibit or restrict a supplied retail dealer shall be subject to a fine of fifty dollars ($50.00) per day per retail dealer upon conviction of such offense.
Acts 1980, ch. 603, § 1; T.C.A., § 69-726.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 7 - MOTION PICTURE FAIR COMPETITION (§§ 47-25-701 — 47-25-704) › Section 47-25-701 - Short title

This part shall be known as the "Tennessee Motion Picture Fair Competition Act."
Acts 1979, ch. 119, § 2; T.C.A., § 69-801.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 7 - MOTION PICTURE FAIR COMPETITION (§§ 47-25-701 — 47-25-704) › Section 47-25-702 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture;
(2)
"Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture;
(3)
"Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing;
(4)
"Exhibit" or "exhibition" means showing a motion picture to the public for a charge;
(5)
"Exhibitor" means any person engaged in the business of operating one (1) or more theatres;
(6)
"Invitation to bid" means a written or oral solicitation or invitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture;
(7)
"License agreement" means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;
(8)
"Person" includes one (1) or more individuals, partnerships, associations, societies, trusts, organizations, or corporations;
(9)
"Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. "First run" is the first exhibition of a picture in the designated area; "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theatre in a defined geographic area, and a "nonexclusive run" is any run in more than one (1) theatre in a defined geographic area;
(10)
"Theatre" means any establishment in which motion pictures are exhibited to the public regularly for a charge; and
(11)
"Trade screening" means the showing of a motion picture by a distributor at the location of the film exchange(s) that distributes the distributor's picture(s) in Tennessee, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
Acts 1979, ch. 119, § 3; T.C.A., § 69-802.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 7 - MOTION PICTURE FAIR COMPETITION (§§ 47-25-701 — 47-25-704) › Section 47-25-703 - Blind bidding

(a)
Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(b)
A distributor shall provide reasonable and uniform notice of the trade screening or availability for viewing within Tennessee of any motion picture to those exhibitors within Tennessee, from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit that motion picture.
(c)
Any purported waiver of the prohibition against blind bidding in this part shall be void and unenforceable.
Acts 1979, ch. 119, § 4; T.C.A., § 69-803.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 7 - MOTION PICTURE FAIR COMPETITION (§§ 47-25-701 — 47-25-704) › Section 47-25-704 - Enforcement

In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy.
Acts 1979, ch. 119, § 5; T.C.A., § 69-804.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-801 - Short title

This part shall be known and may be cited as the "Tennessee Coupon Sales Promotion Act of 1980."
Acts 1980, ch. 718, § 1; T.C.A., § 69-901.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-802 - Part definitions

As used in this part, except where the context otherwise requires:
(1)
"Coupon" means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or procure goods or services at a reduced price or free of charge upon presentation thereof to the seller or supplier of such goods or services. "Coupon" includes "coupon book." "Coupon" does not include:
(A)
Coupons sold or offered for sale directly by the coupon sponsor where all proceeds from the sale are returned to the sponsor;
(B)
Coupons redeemable only for motor vehicle parking or urban mass transit privileges;
(C)
Coupons published by or distributed through newspapers or other periodicals, in advertisements other than their own;
(D)
Coupons within, attached to, or a part of any package or container as packed by the original manufacturer and which are redeemed by such manufacturer;
(E)
Trading stamps; and
(F)
Cents-off or free coupons authorized by the original manufacturer or retailer and distributed in any fashion;
(2)
"Coupon book" means a group of two (2) or more coupons sold, offered for sale, or otherwise distributed as a single unit;
(3)
"Person" means any individual, partnership, firm, corporation, association, or other business organization or entity, including charitable or nonprofit organizations and their officers and employees;
(4)
"Promoter" means any person, and any agent or representative of such person, engaged in the sale or offering or solicitation for sale of coupons; and
(5)
"Sponsor" means any person represented as being obligated to provide goods, services, or discount privileges to the purchaser or holder of a coupon.
Acts 1980, ch. 718, § 2; T.C.A., § 69-902.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-803 - Agreement between promoter and sponsor - Terms and conditions

(a)
No promoter shall sell, offer for sale, or otherwise publish or distribute any coupon without a prior contract or agreement in writing with the coupon sponsor. A copy of such contract shall be furnished to the sponsor at the time of its execution, and shall set forth all terms and conditions under which coupons obligating the sponsor may be published, distributed, or sold and include the following:
(1)
A specific description, exactly as it is to appear on the coupon, of:
(A)
The goods, services, or discount privileges which the sponsor will provide in exchange for each coupon presented for redemption;
(B)
The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor;
(C)
The expiration date of the coupon; and
(D)
All purchases required of a coupon holder as a condition of redemption and any other restrictions or limitations imposed on the redemption of the coupons by the sponsor;
(2)
The maximum number of coupons which may be printed, issued, distributed, or sold by the promoter;
(3)
The beginning and ending dates of the promotion, before and after which no coupons may be sold or distributed;
(4)
The amount or percentage of funds, if any, to be returned to the sponsor from the sale of coupons;
(5)
The personal and business name and address of the promoter executing the contract. Nonresidents shall include their permanent address in their state of residence; and
(6)
A statement that the coupon sales promotion is regulated by the "Tennessee Coupon Sales Promotion Act."
(b)
The promoter shall not represent, either directly or by implication, that the number of coupons presented to the sponsor for redemption will be less than the total number of coupons printed, sold, or distributed, or make any promises or representation inconsistent with or contrary to the terms of the written contract between the promoter and sponsor.
Acts 1980, ch. 718, § 3; T.C.A., § 69-903.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-804 - Information required on coupon

(a)
Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and the sponsor of:
(1)
The goods, services, or discount privileges which the sponsor will provide in exchange for the coupon;
(2)
The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor;
(3)
The expiration date of the coupon; and
(4)
All purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor.
(b)
Every coupon book, and every coupon sold or distributed individually, shall contain on its face:
(1)
The name and permanent business address of the promoter; and
(2)
The following statement in bold face or other conspicuous type or lettering:
"REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE."
Acts 1980, ch. 718, § 4; T.C.A., § 69-904.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-805 - Coupons - Restrictions on number, distribution, and terms

(a)
The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor.
(b)
No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement between the promoter and the sponsor, or obligate the sponsor to provide goods, services, or discount privileges other than those specified in the agreement.
(c)
No individual coupon shall be redeemable at more than one (1) place of business, unless all places of business at which it is redeemable are owned or operated by the same sponsor.
(d)
No coupon may be sold, offered for sale, or otherwise distributed prior to the promotion beginning date or after the promotion ending date specified in the contract between the promoter and sponsor.
Acts 1980, ch. 718, § 5; T.C.A., § 69-905.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-806 - Promoter to provide sponsor with distribution information and proceeds

Within ten (10) days after the promotion ending date or ten (10) days after all coupons have been sold or otherwise distributed, whichever occurs first, the promoter shall inform the sponsor in writing of the total number of coupons sold or distributed, and remit all funds owed to the sponsor from coupon sales under the terms of their agreement.
Acts 1980, ch. 718, § 6; T.C.A., § 69-906.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-807 - Agreements authorizing promotional use of name or mark - Liability of persons authorizing use

(a)
All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person.
(b)
Such agreements shall conspicuously disclose that persons agreeing to the use of their name, trade name, or trademark by the promoter may be held jointly accountable with the promoter for any violation of this part or other applicable laws.
Acts 1980, ch. 718, § 7; T.C.A., § 69-907.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-808 - Promoters - Prohibited acts

(a)
No promoter shall misrepresent directly or by implication:
(1)
That any person is sponsoring, endorsing, or participating in the sale of any coupon;
(2)
That the promoter is an employee or agent of any person sponsoring, endorsing, or participating in the sale of any coupon or coupon book;
(3)
That the coupon is not sold for profit or that the price charged for a coupon is solely or primarily to cover actual costs incurred by the promoter in the printing, distribution, or sale of the coupon; or
(4)
The name, address, or identity of the promoter or of the person or organization whom the promoter represents.
(b)
No promoter shall represent, directly or by implication, that:
(1)
Proceeds from the sale of any coupon will be donated to any charity, civic or religious group, or other nonprofit organization, unless such representation is true, and the amount to be donated is disclosed;
(2)
An offer is being made to specially selected persons or that the buyer or prospective buyer has been specially selected, unless such representation is true and the specific basis on which such representation is made is concurrently disclosed to the prospective buyer; or
(3)
A survey, test, contest, or research project is being conducted, when in fact the principal objective is to sell coupons or coupon books or to obtain prospects for coupon sales.
(c)
No promoter shall:
(1)
Sell, offer to sell, or otherwise distribute any coupon in violation of any provisions of this part;
(2)
Make any representation inconsistent with or contrary to the terms and conditions contained in any coupon or in the agreement between the promoter and sponsor;
(3)
Advertise or otherwise represent that a coupon has a stated monetary value or will enable the purchaser or holder to save a stated amount of money, without disclosing in connection with such advertisement the total amount which must be paid by the purchaser or holder for the coupon and the total amount of all purchases which must be made by the purchaser or holder as a condition of redemption of the coupon; or
(4)
Use the name, trade name, or trademark of any person to aid in the sale or promotion of the sale of coupons unless the promoter has entered into a written agreement with the person whose name, trade name, or trademark is being used as required under this part.
Acts 1980, ch. 718, § 8; T.C.A., § 69-908.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-809 - Violations - Misdemeanors

A violation of this part is a Class C misdemeanor.
Acts 1980, ch. 718, § 9; T.C.A., § 69-909; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 8 - COUPON SALES PROMOTIONS (§§ 47-25-801 — 47-25-810) › Section 47-25-810 - Civil remedies

Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of competent jurisdiction in the county where the alleged practice took place, or is taking place, or in the county where the defendant resides, has principal place of business, conducts, transacts, or has transacted business, or if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
Acts 1980, ch. 718, § 10; T.C.A., § 69-910.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-901 - Short title

This part shall be known as the "Unfair Trade Practice and Advertising Act."
Acts 1957, ch. 410, § 1; T.C.A., §§ 69-601, 47-25-501.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-902 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Household furniture, appliances, and floor coverings" means such furniture, appliances, and floor coverings as are used in dwelling houses;
(2)
"Person" means any individual, firm, partnership, corporation, or other organization;
(3)
"Retail sale" means any sale, except a sale for the purpose of resale in the ordinary course of business;
(4)
"Sale" or "sell" means any sale, contract for sale, offer of sale, or advertisement thereof;
(5)
"Wholesale price" means a customary price at which a wholesaler sells merchandise for resale;
(6)
"Wholesale sale" means any sale other than a retail sale, as defined in this section; and
(7)
"Wholesaler" means one who sells other than at retail, as defined in this section.
Acts 1957, ch. 410, § 3; T.C.A., §§ 69-602, 47-25-502.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-903 - Misrepresentation of sale at wholesale unlawful

It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandise is a sale or transfer at wholesale, unless such sale or transfer is made to the transferee for resale, and unless the state of Tennessee is not entitled to collect upon such sale or transfer the Tennessee state sales tax, as set out in the "Retailers' Sales Tax Act," compiled in title 67, chapter 6.
Acts 1957, ch. 410, § 4; T.C.A., §§ 69-603, 47-25-503.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-904 - Misleading name unlawful - Misrepresenting retail sale unlawful

(a)
It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words "manufacturer," "broker," or "wholesaler," or any derivative of, or synonym for, any of them, unless such person is, in fact, engaged in such business, in addition to the business of selling the merchandise to individual consumers.
(b)
In cases where a person is engaged in manufacturing or wholesaling, and is in addition thereto engaged in making sales at retail to individual consumers, it is an unlawful trade practice for such person to imply, directly or indirectly, in connection with sales to individual consumers, that the selling price is other than a retail price, unless the sale is for resale.
Acts 1957, ch. 410, § 5; T.C.A., §§ 69-604, 47-25-504.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-905 - Rescission of sale for unlawful trade practice

Any person to whom is sold household furniture, appliances, or floor covering merchandise, in the course of an unlawful trade practice, as hereinabove defined, may, at the person's option, or on discovery of such unlawful trade practice, and on due notice to the seller, rescind such sale; sue, and recover back from such seller the price, or any portion thereof, previously paid by such person to such seller; provided, that the right of rescission created herein must have been exercised, if at all, within a period of twelve (12) months subsequent to the complained of sale.
Acts 1957, ch. 410, § 6; T.C.A., §§ 69-605, 47-25-505.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-906 - Injunctions - Damages

Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered.
Acts 1957, ch. 410, § 7; T.C.A., §§ 69-606, 47-25-506.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 9 - HOUSEHOLD GOODS-UNLAWFUL TRADE PRACTICES (§§ 47-25-901 — 47-25-907) › Section 47-25-907 - Penalty for violations

A person violating this part commits a Class C misdemeanor.
Acts 1957, ch. 410, § 8; T.C.A., §§ 69-607, 47-25-507; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 10 - CONSIGNMENT OF ART (§§ 47-25-1001 — 47-25-1006) › Section 47-25-1001 - Short title

This part shall be known and may be cited as the "Tennessee Consignment of Art Act."
Acts 1984, ch. 838, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 10 - CONSIGNMENT OF ART (§§ 47-25-1001 — 47-25-1006) › Section 47-25-1002 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Art dealer" means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction;
(2)
"Artist" means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative;
(3)
"Consignment" means that no title to, estate in, or right to possession of, the work of art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art;
(4)
"Co-operative" means an association or group of artists which:
(A)
Engages in the business of selling only works of art which are produced or created by such artists;
(B)
Jointly owns, operates, and markets such business; and
(C)
Accepts such works of art from its members on consignment;
(5)
"Person" means an individual, partnership, corporation, association, or other group, however organized; and
(6)
"Work of art" means an original art work which is:
(A)
A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
(B)
A work of calligraphy;
(C)
A work of graphic art, including an etching, lithograph, offset print, or silk screen;
(D)
A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
(E)
A work in mixed media, including a collage or a work consisting of any combination of subdivisions (6)(A)-(D).
Acts 1984, ch. 838, § 2; 1985, ch. 346, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 10 - CONSIGNMENT OF ART (§§ 47-25-1001 — 47-25-1006) › Section 47-25-1003 - What constitutes consignment

Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.
Acts 1984, ch. 838, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 10 - CONSIGNMENT OF ART (§§ 47-25-1001 — 47-25-1006) › Section 47-25-1004 - Effect of consignment

A consignment of a work of art shall result in all of the following:
(1)
The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee;
(2)
The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee;
(3)
The consignee shall be responsible for the loss of, or damage to, the work of art; and
(4)
The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
Acts 1984, ch. 838, § 4.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 10 - CONSIGNMENT OF ART (§§ 47-25-1001 — 47-25-1006) › Section 47-25-1005 - Nature of trust

(a)
A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.
(b)
No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in the Uniform Commercial Code, §
47-2-326
, or any other provision of the Uniform Commercial Code to the contrary notwithstanding.
Acts 1984, ch. 838, § 5.