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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-107 - Civil actions under Sections 47-25-101 - 47-25-106 - Evidence

(a)
Upon the trial of any civil action against any person for a violation of any of the provisions of §§
47-25-101
- 47-25-106, all officers, stockholders, and agents of such corporation, person, or copartnership shall be competent witnesses against the defendant, as such, on trial.
(b)
Such officers, stockholders, and agents may be compelled to testify against such defendant, and produce all books and papers in their custody or control pertinent to the issues in such action at or before the time of trial, and shall not be excused from producing any books or papers because they might tend to incriminate such witnesses, but nothing which such witness shall testify to, and no books or papers produced by the witness, shall in any manner be used against the witness in any criminal action to which the witness is a party.
Acts 1891, ch. 218, § 7; Shan., § 3191; Code 1932, § 5887; T.C.A. (orig. ed.), § 69-107.
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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-108 - Nonexclusivity

Conduct may be actionable as a violation of § 47-25-101 or § 47-25-102 and also constitute unfair or deceptive acts or practices actionable under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title; provided, that the court shall exclude from an award of monetary relief under this part amounts that duplicate relief obtained for the same injuries.
Amended by 2024 Tenn. Acts, ch. 776,s 9, eff. 4/23/2024.
Acts 1891, ch. 218, § 5; Shan., § 3189; Code 1932, § 5885; T.C.A. (orig. ed.), § 69-108.
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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-109 - Giving away or underpricing goods prohibited - Samples excepted

(a)
It is unlawful for any person engaged in the business of manufacturing in this or any other state to give away or sell for a less price than the cost of manufacture, any manufactured article in this state, with the intent and purpose of destroying honest competition; provided, that nothing in this section shall be construed to prohibit the distribution to consumers of specimens of proprietary articles in good faith as samples.
(b)
Any person violating this section commits a Class C misdemeanor.
Acts 1907, ch. 36, §§ 1, 2; 1907, ch. 360, § 1; Shan., §§ 3191a3, 3191a4; Code 1932, §§ 5889, 5890; T.C.A. (orig. ed.), §§ 69-109, 69-110, 47-25-110; 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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-110 - Agricultural cooperatives - Monopolization or restraint of trade

(a)
If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, the commissioner shall serve upon such association a complaint stating the charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty (30) days after the service thereof, requiring the association to show cause why an order should not be made directing the association to cease and desist from monopolization or restraint of trade.
(b)
An association so complained of may, at the time and place so fixed, show cause why such order should not be entered.
(c)
The evidence given on such a hearing shall be taken under such rules and regulations as the commissioner may prescribe, reduced to writing, and made a part of the record.
(d)
If, upon such hearing, the commissioner is of the opinion that such association monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced thereby, the commissioner shall issue and cause to be served upon the association an order reciting the facts found by the commissioner, directing such association to cease and desist from monopolization or restraint of trade.
(e)
If such association fails or refuses or neglects to obey such order, the attorney general and reporter shall then proceed to take appropriate action against the association so offending, in a court of competent jurisdiction. Such court may, upon the conclusion of the hearing, enforce its decree by injunction or other appropriate remedy, but no injunction or extraordinary process shall issue until such association fails or refuses to comply with the terms and provisions of the warning order of the commissioner.
Acts 1925, ch. 49, § 2; Shan. Supp., § 3188a1; Code 1932, § 5891; T.C.A. (orig. ed.), §§ 69-111, 47-25-111.
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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-111 - Coal - Agreement to restrict output

Any person who, directly or indirectly, enters into a conspiracy or agreement with intent to limit the output of coal in this state, for the purpose of raising the price to the consumer, or to any intermediate dealer, or who enters into any conspiracy or agreement, directly or indirectly, of any nature whatsoever to so raise the price of coal to the consumer or to any intermediate dealer, commits a Class C misdemeanor.
Acts 1897, ch. 93, § 1; Shan., § 3191a2; Acts 1917, ch. 138, § 1; Code 1932, § 5888; T.C.A. (orig. ed.), §§ 69-112, 47-25-112; 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 1 - TRUSTS-UNLAWFUL RESTRAINT OF TRADE AND DISCRIMINATION (§§ 47-25-NEW — 47-25-115) › Section 47-25-112 - News services, etc. - Discrimination prohibited

(a)
It is unlawful for any person, firm, or corporation, or any association or combination of corporations, firms, or persons, engaged in the business of buying, gathering, or accumulating information or news, or vending, supplying, distributing, or publishing information or news, to refuse to vend, supply, distribute, or publish such information or news to any person, firm, or corporation, conducting a newspaper in this state, offering to pay for the information or news, or to make discrimination in any manner between persons, firms, or corporations conducting newspapers in this state in the vending, supplying, distributing or publishing of such information or news.
(b)
It is unlawful for any agent or employee in this state of a person, firm, or corporation, or association or combination of corporations, firms, or persons engaged in the business of gathering, accumulating, vending, supplying, and distributing news or information, to assist in the carrying on or conducting of such business when such person, firm, or corporation, or association of such persons, firms, or corporations, have refused to furnish news or information without discrimination in price, method of supply, or otherwise to any person, firm, or corporation conducting a newspaper in this state and desiring to be supplied with such information or news.
(c)
Any person, firm, or corporation violating this section, or aiding or abetting in the violation of this section, commits a Class C misdemeanor. Each violation constitutes a separate offense.
Acts 1899, ch. 286, §§ 1-3; Shan., §§ 3608a110-3608a112; Code 1932, §§ 6759-6761; T.C.A. (orig. ed.), §§ 69-113 -- 69-115, 47-25-113 -- 47-25-115; 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 2 - UNFAIR SALES LAW (§§ 47-25-201 — 47-25-206) › Section 47-25-201 - Short title

This part may be cited as the "Unfair Sales Law."
Acts 1937, ch. 69, § 6; C. Supp. 1950, § 6770.6 (Williams, § 6770.12); T.C.A. (orig. ed.), § 69-301.
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 2 - UNFAIR SALES LAW (§§ 47-25-201 — 47-25-206) › Section 47-25-203 - Legislative policy

It is declared that advertising, offers to sell, or sales by retailers or wholesalers at less than cost, as defined in this part, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, and are unfair competition and contrary to public policy, where the result of such advertising, offers, or sales is to tend to deceive or mislead any purchaser or prospective purchaser or to substantially lessen competition or unreasonably restrain trade or to tend to create a monopoly in any line of commerce. It is further declared that such advertising, offers, or sales by any retailer or wholesaler with such intent or effect or result are in contravention of the policy of this part.
Acts 1937, ch. 69, § 2; C. Supp. 1950, § 6770.8; T.C.A. (orig. ed.), § 69-303.
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 2 - UNFAIR SALES LAW (§§ 47-25-201 — 47-25-206) › Section 47-25-204 - Exemptions

This part does not apply to sales at retail or sales at wholesale made:
(1)
In an isolated transaction and not in the usual course of business;
(2)
Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such;
(3)
Where highly perishable merchandise must be promptly sold in order to forestall loss;
(4)
Of imperfect or actually damaged merchandise, or merchandise which is being discontinued, if advertised, marked, and sold as such;
(5)
Of merchandise sold upon the complete final liquidation of any business;
(6)
Of merchandise sold for charitable purposes or to unemployment relief agencies;
(7)
Of merchandise sold on contract to departments of government and governmental institutions;
(8)
In meeting the legal price of a competitor on merchandise which is the same as to comparable competitive factors, such as weight, quantity, quality, pack, brand, or packaging; or
(9)
By any officer acting under the order or direction of any court.
Acts 1937, ch. 69, § 5; C. Supp. 1950, § 6770.11; T.C.A. (orig. ed.), § 69-304.
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 2 - UNFAIR SALES LAW (§§ 47-25-201 — 47-25-206) › Section 47-25-205 - Sales below cost - Penalties - Evidence

(a)
Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor.
(b)
Any wholesaler who, in contravention of the policy of this part, advertises, offers to sell, or sells at wholesale any merchandise at less than cost to the wholesaler, as defined in this part, commits a Class C misdemeanor.
(c)
Proof of any such advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this part shall be prima facie evidence of a violation of this part.
Acts 1937, ch. 69, § 3; C. Supp. 1950, § 6770.9; T.C.A. (orig. ed.), § 69-305; 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 2 - UNFAIR SALES LAW (§§ 47-25-201 — 47-25-206) › Section 47-25-206 - Injunction restraining unlawful sales

In addition to the penalties provided in this part, the district attorney general of any county or any person damaged, or who is threatened with loss or damage, by reason of a violation of this part, has the right to apply for an injunction, and any court of competent jurisdiction has the power to restrain sales in violation of this part.
Acts 1937, ch. 69, § 4; C. Supp. 1950, § 6770.10; T.C.A. (orig. ed.), § 69-306.
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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-301 - Short title

This part shall be known and may be cited as the "Unfair Retailer's Cigarette Sales Law."
Acts 1949, ch. 68, § 1; C. Supp. 1950, § 6770.12 (Williams, § 6770.44); T.C.A. (orig. ed.), § 69-401; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Basic cost of cigarettes" means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price;
(2)
"Commissioner" means the commissioner of revenue;
(3)
"Cost of doing business by the retailer" is:
(A)
Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015;
(B)
Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016;
(C)
Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and
(D)
Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter;
(4)
"Cost to the retailer" means the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer";
(5)
"Retailer" has the same meaning ascribed to the words "retail dealer" in §
67-4-1001
;
(6)
"Sell at retail," "sales at retail" or "retail sales" means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
(7)
"Tobacco distributor" or "person" has the same meaning as ascribed in §
67-4-1001
.
Amended by 2015 Tenn. Acts, ch. 347, s 1, eff. 7/1/2015.
Acts 1949, ch. 68, § 3; C. Supp. 1950, § 6770.13 (Williams, § 6770.46); T.C.A. (orig. ed.), § 69-402; Acts 1985, ch. 179, § 1; 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-303 - Sales below cost - Evidence - Enforcement by department of revenue

(a)
It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer.
(b)
Evidence of advertisement, offering to sell or sale of cigarettes by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of the Unfair Retailer's Cigarette Sales Law, compiled in this part, and of intent to injure competitors or destroy substantially or lessen competition.
(c)
It is the intention of the general assembly that this part be enforced by the department of revenue.
Acts 1949, ch. 68, § 4; C. Supp. 1950, § 6770.14 (Williams, § 6770.47); T.C.A. (orig. ed.), § 69-403; Acts 1991, ch. 259, §§ 1, 2; 1997, ch. 258, § 1; 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-304 - Liability of officers or agents

Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor.
Acts 1949, ch. 68, § 6; C. Supp. 1950, § 6770.16 (Williams, § 6770.49); T.C.A. (orig. ed.), § 69-406; Acts 1989, ch. 591, § 113; T.C.A. (orig. ed.), §
47-25-306
; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-305 - Contracts in violation of part void

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had.
Acts 1949, ch. 68, § 9; C. Supp. 1950, § 6770.19 (Williams, § 6770.52); T.C.A. (orig. ed.), § 69-407; T.C.A. (orig. ed.), §
47-25-307
; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-306 - Injunction - Damages

(a)
(1)
Any person injured by any violation of this part, or any trade association which is representative of such a person, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation.
(2)
If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit.
(3)
In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff.
(b)
In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a).
Acts 1949, ch. 68, § 12; C. Supp. 1950, § 6770.22 (Williams, § 6770.55); T.C.A. (orig. ed.), § 69-409; T.C.A. (orig. ed.), §
47-25-309
; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-307 - Combined sales, coupon offers, etc

In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupons or otherwise), the retailer's selling price shall not be below the cost to the retailer of all articles, products, commodities, and concessions included in such transactions.
Acts 1949, ch. 68, § 13; C. Supp. 1950, § 6770.23 (Williams, § 6770.56); T.C.A. (orig. ed.), § 69-410; T.C.A. (orig. ed.), §
47-25-310
; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-308 - Enforcement - Penalties - Hearings

(a)
The department of revenue, through the commissioner, shall administer and enforce this part.
(b)
(1)
For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250);
(2)
For any second violation or noncompliance with any provision of this part by any person who has previously been found in violation of subdivision (b)(1), a penalty shall be imposed not to exceed five hundred dollars ($500); and
(3)
For any subsequent violation or violations or noncompliance with any provision of this part, by any person who has previously been found in violation of subdivision (b)(2), a penalty shall be imposed not to exceed one thousand dollars ($1,000).
(c)
Any person whose license is revoked or suspended under this section, and who continues to engage in the unauthorized sale, distribution or handling of cigarettes in this state, either directly or through any agent or third party acting on behalf of such person, shall be charged with an additional violation of this part and shall also be in violation of §
67-4-1015
.
(d)
Any person who is adversely affected by a decision of the commissioner may petition the department of revenue for a hearing pursuant to §
67-1-105
, which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(e)
In enforcing this part, the commissioner shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner.
Acts 1949, ch. 68, § 14; C. Supp. 1950, § 6770.24 (Williams, § 6770.57); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 69-411; Acts 1985, ch. 179, § 3; 1986, ch. 940, § 2; 1988, ch. 958, § 1; 1991, ch. 259, § 3; T.C.A. (orig. ed.), § 47-25-311; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-309 - Exemptions

This part does not apply to sales at retail made where cigarettes are:
(1)
Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(2)
Advertised, offered for sale, or sold as imperfect or damaged and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold;
(3)
Sold upon the complete final liquidation of a business; or
(4)
Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
Acts 1949, ch. 68, §§ 7, 8; C. Supp. 1950, §§ 6770.17, 6770.18 (Williams, §§ 6770.50, 6770.51); T.C.A. (orig. ed.), §§ 69-412, 69-413, 47-25-312, 47-25-313; Acts 1985, ch. 179, § 4; T.C.A. (orig. ed.), § 47-25-312; Acts 1998, ch. 768, § 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 3 - UNFAIR CIGARETTE SALES LAW (§§ 47-25-301 — 47-25-313) › Section 47-25-310 - Participation by retailer in certain special programs

Participation in a manufacturer's incentive program, discount price program or special price program shall not cause a retailer to be in violation of this part.
Acts 1998, ch. 768, § 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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Deceptive imitation" means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying;
(2)
"Drug" includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals;
(3)
"Misbranded" means a drug the container of which bears a counterfeit, copy, or deceptive imitation of any trademark;
(4)
"Owner" means the person having the right to the use of a trademark. A subsisting certificate of registration under the laws of this state or of the United States shall constitute prima facie evidence of ownership;
(5)
"Person" includes any individual, partnership, corporation, or association; and
(6)
"Trademark" includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified.
Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-513, 47-25-413.
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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-402 - Liability of employer for acts of employees

In proceedings for the violation of this part, an act or omission of any individual acting for a partnership, corporation, or association, or the act or omission of an officer or employee of any partnership, corporation, or association within the scope of that person's office or employment, shall be deemed to be the act or omission of such partnership, corporation, or association, as well as of the individual.
Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-514, 47-25-414.
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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-403 - Prohibited acts

It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts:
(1)
Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive imitation of such trademark or any package or label bearing or containing any such counterfeit, copy, or deceptive imitation;
(2)
Knowingly receiving, keeping or having in the person's possession or under the person's control, selling, offering for sale, or disposing of any drug bearing any counterfeit, copy, or deceptive imitation of such trademark or in any package or under any label bearing any such counterfeit, copy, or deceptive imitation;
(3)
Making or causing to be made or knowingly possessing, selling, disposing of, delivering, or offering to deliver to any person a die, plate, block, stone, type-face, matrix, or other means of printing, lithographing, or otherwise making a counterfeit, copy, or deceptive imitation of such trademark; or
(4)
Knowingly misrepresenting orally or by advertisement or artifice the manufacture or origin or commercial sponsorship of any drug sold, offered, or exposed for sale.
Acts 1933, ch. 113, § 2; C. Supp. 1950, § 6594.2; T.C.A. (orig. ed.), §§ 69-515, 47-25-415.
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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-404 - Prosecution - Fees of officers

It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurement of evidence for the support of the prosecution, which may be instituted by the prosecuting attorney, and for such services the sheriff or other officer shall be allowed and paid the same fees for travel and sustenance as are usually allowed in other criminal proceedings.
Acts 1933, ch. 113, § 4; C. Supp. 1950, § 6594.4; T.C.A. (orig. ed.), §§ 69-516, 47-25-416.
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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-405 - Penalty

Any person violating any of the provisions of this part commits a Class C misdemeanor.
Acts 1933, ch. 113, § 3; C. Supp. 1950, § 6594.3; T.C.A. (orig. ed.), §§ 69-517, 47-25-417; 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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-406 - Remedies cumulative

The remedies provided in this part are cumulative and not alternative.
Acts 1933, ch. 113, § 6; C. Supp. 1950, § 6594.5 (Williams, § 6594.6); T.C.A. (orig. ed.), §§ 69-518, 47-25-418.
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 4 - TRADEMARKS ON DRUGS (§§ 47-25-401 — 47-25-421) › Section 47-25-407 - Legal and equitable remedies unimpaired

Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed.
Acts 1933, ch. 113, § 7; C. Supp. 1950, § 6594.6 (Williams, § 6594.7); T.C.A. (orig. ed.), §§ 69-519, 47-25-419.
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 47-25-502 - Registrability

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1)
Consists of or comprises immoral, deceptive, or scandalous matter;
(2)
Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;
(3)
Consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;
(4)
Consists of or comprises the name, signature, or portrait identifying a particular living individual, except with that individual's written consent;
(5)
Consists of a mark which:
(A)
When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(B)
When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(C)
Is primarily merely a surname;
provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or
(6)
Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake or deception.
Acts 1982, ch. 698, § 3; T.C.A., §§ 69-531, 47-25-423; 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 47-25-503 - Application for registration

(a)
Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information:
(1)
The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary;
(2)
The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(3)
The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and
(4)
A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.
(b)
The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
(c)
The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.
(d)
The application shall be signed and verified (by oath, affirmation or declaration subject to perjury laws) by the applicant or by a member of the firm or an officer of the corporation or association applying.
(e)
The application shall be accompanied by one (1) specimen showing the mark as actually used and shall be accompanied by the application fee payable to the secretary.
Amended by 2013 Tenn. Acts, ch. 123,s 1, eff. 7/1/2013.
Acts 1982, ch. 698, § 4; T.C.A., §§ 69-532, 47-25-424; 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 47-25-504 - Filing of applications

(a)
Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this part.
(b)
The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
(c)
The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.
(d)
Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement; or a fresh application may be required to be submitted.
(e)
If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:
(1)
The secretary finally refuses registration of the mark; or
(2)
The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(f)
If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(g)
In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with §
47-25-509
.
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 47-25-505 - Certificate of registration

(a)
(1)
Upon compliance by the applicant with the requirements of this part, the secretary shall cause a certificate of registration to be issued and delivered to the applicant.
(2)
The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show:
(A)
The name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark;
(B)
The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state;
(C)
The class of goods or services and a description of the goods or services on or in connection with which the mark is used;
(D)
A reproduction of the mark; and
(E)
The registration date and the term of the registration.
(b)
Any certificate of registration issued by the secretary under this section or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.
Acts 1982, ch. 698, § 5; T.C.A., §§ 69-533, 47-25-425, 47-25-504; 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 47-25-506 - Duration and renewal

(a)
A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.
(b)
A registration may be renewed for successive periods of five (5) years in like manner. Any registration in force on June 4, 2000, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration.
(c)
All applications for renewal under this part, whether of registrations made under this part or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
Acts 1982, ch. 698, § 6; T.C.A., §§ 69-534, 47-25-426, 47-25-505; 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 47-25-507 - Assignments, changes of name and other instruments

(a)
Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase.
(b)
Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate of registration for the remainder of the term of the registration or last renewal thereof.
(c)
Other instruments which relate to a mark registered or application pending pursuant to this part, including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the secretary; provided, that such instrument is in writing and duly executed.
(d)
Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.
(e)
A photocopy of any instrument referred to in subsection (a), (b) or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
Acts 1982, ch. 698, § 7; T.C.A., §§ 69-535, 47-25-427, 47-25-506; 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 47-25-508 - Records

The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to §
47-25-507
.
Acts 1982, ch. 698, § 8; T.C.A., §§ 69-536, 47-25-428, 47-25-507; 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 47-25-509 - Cancellation

The secretary shall cancel from the register, in whole or in part:
(1)
Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2)
All registrations granted under this part and not renewed in accordance with this part;
(3)
Any registration concerning which a court of competent jurisdiction finds that:
(A)
The registered mark has been abandoned;
(B)
The registrant is not the owner of the mark;
(C)
The registration was granted improperly;
(D)
The registration was obtained fraudulently;
(E)
The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(F)
The registered mark is so similar to a mark registered by another person in the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant hereunder, and which has not been abandoned, as to be likely to cause confusion, mistake or deception; provided, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled for such area of the state; or
(4)
When a court of competent jurisdiction shall order cancellation of a registration on any ground.
Acts 1982, ch. 698, § 9; T.C.A., §§ 69-537, 47-25-429, 47-25-508; 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 47-25-510 - Classification

The secretary shall by regulation establish a classification of goods and services for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
Acts 1982, ch. 698, § 10; T.C.A., §§ 69-538, 47-25-430, 47-25-509; 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 47-25-511 - Fraudulent registration

Any person who, for the person's own benefit, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under this part by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Acts 1982, ch. 698, § 11; T.C.A., §§ 69-539, 47-25-431, 47-25-510; Acts 2000, ch. 671, § 1.