reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-104 - Examination of Application; Amendment of Application.

40-1-104. Examination of application; amendment of application.
(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 act.
(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 be or shall have become 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 of the reasons. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until (A) the secretary finally refuses registration of the mark or (B) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-105 - Term of Registration; Renewals.

40-1-105. Term of registration; renewals.
(a) Registration of a mark is 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 set in accordance with W.S. 40-1-116, but not to exceed one hundred fifty dollars ($150.00) and payable to the secretary, shall accompany the application for renewal of the registration.
(b) Renewal periods.-A mark registration may be renewed for successive periods of five (5) years in like manner. All applications for renewal under this act, whether of registrations made under this act 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.
(c) Repealed By Laws 1997, ch. 112, 3.
(d) Existing registration.-Any registration in force on the date on which this act shall become effective shall continue in full force and effect for the unexpired term 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 within six (6) months prior to the expiration of the registration.
(e) Repealed By Laws 1997, ch. 112, 3.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-106 - Assignment of Marks and Registration; Change of Name.

40-1-106. Assignment of marks and registration; change of name.
(a) Any mark and its registration under this act shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill 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 a fee set in accordance with W.S. 40-1-116, but not to exceed seventy-five dollars ($75.00) and payable to the secretary. Upon recording of the assignment, the secretary 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 act shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase.
(b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal thereof.
(c) A photocopy or photograph of any instrument referred to in subsections (a) and (b) of this section shall be accepted for recording if it is certified by the applicant, or their successors, to be a true and correct copy of the original.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-108 - Cancellation of Registration.

40-1-108. Cancellation of registration.
(a) The secretary shall cancel from the register in whole or in part:
(i) Repealed By Laws 1997, ch. 112, 3.
(ii) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record and shall receive payment of a fee set in accordance with W.S. 40-1-116, but not to exceed thirty dollars ($30.00);
(iii) All registrations granted under this act and not renewed in accordance with the provisions hereof;
(iv) Any registration concerning which a court of competent jurisdiction shall find:
(A) That the registered mark has been abandoned;
(B) That the registrant is not the owner of the mark;
(C) That the registration was granted improperly;
(D) That the registration was obtained fraudulently;
(E) That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled;
(F) That the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered.
(v) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-109 - Classification of Marks.

40-1-109. Classification of marks.
(a) Repealed By Laws 1997, ch. 112, 3.
(b) Repealed By Laws 1997, ch. 112, 3.
(c) The secretary shall by regulation establish a classification of goods and services for marks for the convenience of administration of this act, but not to limit or extend the applicant's or registrant's rights.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-110 - False or Fraudulent Representations or Declarations; Liability for Damages Sustained.

40-1-110. False or fraudulent representations or declarations; liability for damages sustained.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under the provisions of this act, 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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-111 - Civil Liability.

40-1-111. Civil liability.
Subject to the provisions of W.S. 40-1-113 any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services, or (b) reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services, shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in W.S. 40-1-112, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-112 - Remedies.

40-1-112. Remedies.
(a) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-115 - Injury to Business Reputation; Dilution.

40-1-115. Injury to business reputation; dilution.
(a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, which causes dilution of the distinctive quality of the owner's mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
(i) The degree of inherent or acquired distinctiveness of the mark in this state;
(ii) The duration and extent of use of the mark in connection with the goods and services;
(iii) The duration and extent of advertising and publicity of the mark in this state;
(iv) The geographical extent of the trading area in which the mark is used;
(v) The channels of trade for the goods or services with which the owner's mark is used;
(vi) The degree of recognition of the owner's mark in its and in the other's trading areas and channels of trade in this state; and
(vii) The nature and extent of use of the same or similar mark by third parties.
(b) The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this act, subject to the discretion of the court and the principles of equity.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 1 - Trademarks and Service Marks › Section 40-1-116 - Powers of Secretary of State; Filing and Other Fees.

40-1-116. Powers of secretary of state; filing and other fees.
(a) The secretary has the power reasonably necessary to perform the duties required of him by this act including the promulgation of rules and regulations necessary to carry out the purposes of this act.
(b) The secretary shall set and collect filing, service and copying fees to recover the costs of providing those services and administering this act. Fees shall not exceed the costs of providing these services and administering this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-101 - Definitions.

40-2-101. Definitions.
(a) As used in this act unless the context otherwise requires:
(i) "Applicant" means a person filing an application for registration or reservation of a trade name under this act, his legal representatives, successors or assigns;
(ii) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of the foregoing having a joint or common interest, or any other legal or commercial entity;
(iii) "Registrant" means a person to whom registration of a trade name under this act is issued, his legal representatives, successors or assigns;
(iv) "Trade name" means a word, name, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation or occupation of others;
(v) "This act" means W.S. 40-2-101 through 40-2-111.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-102 - Registrability.

40-2-102. Registrability.
(a) A trade name shall not be registered if it:
(i) Is the same as, or deceptively similar to, a trademark or service mark registered in this state, or is not distinguishable from the names of other business entities as required by W.S. 17-16-401;
(ii) Contains any word or phrase which indicates that it is engaged in the business of banking or insurance, except as provided in subsections (b) through (d) of this section.
(b) National banking associations previously approved by the comptroller of the currency, whose principal place of business is located within the state of Wyoming and who are actively engaged in the business of banking on the effective date of this act may be registered with the Wyoming secretary of state and entitled to all of the protection of other registered trade names.
(c) Any person desiring to register a bank trade name for any proposed national banking association shall comply with the provisions of this act. The secretary of state shall conditionally approve the proposed trade name if not the same as or deceptively similar to any trade name registered under this act, a trademark or service mark registered in this state or the name of a corporation incorporated or authorized to do business in this state, or which is exclusively reserved under W.S. 17-16-402. Conditional approval shall expire in twelve (12) months unless extended for good cause for an additional period of six (6) months. Conditional approval shall not become final and the name registered until the applicant has received approval to engage in the business of banking by the comptroller of the currency, and actually engages in the business of banking in this state.
(d) Any person desiring to conditionally register a bank trade name for any proposed Wyoming state chartered bank shall comply with the provisions of this act. The secretary of state shall conditionally approve the proposed trade name if it is not the same as or deceptively similar to any trademark or service mark registered in this state, and is distinguishable upon the records of the secretary of state from other business names as required by W.S. 17-16-401. Conditional approval shall expire in twelve (12) months but may be extended for good cause for an additional six (6) months. The conditional approval shall terminate upon approval of the proposed charter by the Wyoming state banking commissioner and the Wyoming state banking board and the filing of the bank's articles of incorporation with the secretary of state since at that time the name of the state chartered bank will be protected by W.S. 17-16-401(b).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-103 - Reservation.

40-2-103. Reservation.
(a) Any person intending to adopt a trade name for use and intending to apply for registration of a trade name may reserve the trade name in the following manner. Reservation shall be made by filing an application with the secretary of state to reserve a specified trade name, executed by the applicant. If the secretary of state finds that the name is available for use, and upon payment of thirty dollars ($30.00), he shall reserve the name for the exclusive use of the applicant for a period of one hundred twenty (120) days. The reservation is not renewable.
(b) The right to the exclusive use of a specified trade name so reserved may be transferred to any other person by filing a notice of the transfer in the office of the secretary of state, executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-104 - Application for Registration.

40-2-104. Application for registration.
(a) Subject to the limitations set forth in this act and upon payment of one hundred dollars ($100.00), any person who adopts a trade name for use in this state may file an application for registration of the trade name in duplicate in the office of the secretary of state on forms furnished by the secretary of state setting forth, but not limited to, the following information:
(i) The name and business address of the applicant for registration, and if a corporation, the state of incorporation;
(ii) The trade name sought to be registered;
(iii) The general nature of the business in fact conducted by the applicant;
(iv) The signature of the applicant acknowledged before a notarial officer.
(b) Upon compliance by the applicant with the requirements of this act, the secretary of state shall return a duplicate copy of the application for registration to the applicant stamped with the date of filing.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-105 - Duration and Renewal.

40-2-105. Duration and renewal.
(a) Registration of a trade name under this act is effective for ten (10) years. Within six (6) months prior to the expiration of a term, registration may be renewed for additional ten (10) year periods. A renewal fee of fifty dollars ($50.00) shall accompany an application for renewal of registration. The application for renewal shall include a statement that the trade name is still in use in this state. Notification of expiration and the forms for application for renewal shall be furnished to the registrant by the secretary of state.
(b) The secretary of state shall notify registrants of trade names of the necessity of renewal within the year next preceding the expiration of the ten (10) years from the date of registration or renewal by writing to the last known address of the registrants.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-106 - Assignment.

40-2-106. Assignment.
Any trade name registered under this act is assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed and shall be recorded with the secretary of state upon payment of twenty-five dollars ($25.00). Upon recording the assignment, the secretary of state shall issue a certificate in the name of the assignee for the remainder of the term of the registration.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-107 - Cancellation.

40-2-107. Cancellation.
(a) The secretary of state shall cancel from the registration record:
(i) Any registration upon request for cancellation from the registrant or the assignee of record and upon payment of a fee of ten dollars ($10.00) to the secretary of state to be credited to the general fund;
(ii) Any registration granted under this act and not renewed in accordance with its provisions;
(iii) Any registration if a court of competent jurisdiction finds:
(A) That the registered trade name has been abandoned;
(B) That the registrant is not the owner of the trade name;
(C) That the registration was granted improperly; or
(D) That the registration was obtained fraudulently.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-108 - Fraudulent Registration.

40-2-108. Fraudulent registration.
Any person who procures the registration of any trade name in the office of the secretary of state under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, is liable for the payment of all damages sustained in consequence of the filing or registration and the costs of the action together with reasonable attorneys' fees as determined by the court, to be recovered in any court of competent jurisdiction by any party injured.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 2 - Trade Names Registration › Section 40-2-111 - Refusal to File Documents.

40-2-111. Refusal to file documents.
If the secretary of state refuses to file a document submitted for filing under this act, the secretary of state shall return it to the filing party or representative within fifteen (15) days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-102 - Definitions.

40-3-102. Definitions.
(a) As used in this act:
(i) "Multilevel distribution companies" means any person, firm, corporation or other business entity which sells, distributes or supplies for a valuable consideration, goods or services through independent agents, contractors or distributors, at different levels wherein such participants may recruit other participants, and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends or other considerations in the program are, or may be, paid as a result of the sale of such goods or services or the recruitment, actions or performances of additional participants;
(ii) "Multilevel distribution marketing plan" means any agreement for a definite or indefinite period, either expressed or implied, in which a person agrees, for a valuable consideration, to distribute goods or services of a multilevel distribution company to members of the public or to persons who occupy different levels in the multilevel distribution company's distribution system;
(iii) "Distributor" means any independent contracted person, agent, employer or participant who has agreed to perform, at one (1) or more levels in a multilevel distribution marketing plan, the functions of distributing the goods or services of the multilevel distribution company or the recruitment of subordinate distributors or both functions;
(iv) "Resalable condition" means products that will pass without objection in the trade, or are still fit for the ordinary purposes for which the products are used;
(v) "Referral sale" means any inducement offered to a person, for the purpose of selling a product or service, which is the opportunity to receive compensation without exercising a bona fide and commensurate responsibility for the sale of the product or service to the ultimate customer; or any offer to a person of an opportunity to receive compensation related to the recruitment of third persons who will be entitled to substantially similar recruiting opportunities when the offer is used as an inducement for the payment of an entrance fee, given toward a purchase or other consideration, except for the actual cost of necessary sales materials by the persons to whom the offer is made;
(vi) "Endless chain" means any scheme or plan for the disposal or distribution of property or services whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one (1) or more additional persons into participation in the scheme or plan or for the chance to receive compensation when the person introduced by the participant introduces a new participant;
(vii) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, other tangible document or recording, reproductions of information stored magnetically, file layout, code conversion tables, computer programs to convert file to readable printout, wherever situate.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-104 - Prohibitions and Requirements.

40-3-104. Prohibitions and requirements.
Every multilevel distribution company shall provide in its contract of participation that the contract may be cancelled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all unencumbered products in a resalable condition then in the possession of the participant shall be repurchased by the multilevel distribution company. The repurchase shall be at a price of not less than ninety percent (90%) of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-105 - Restrictions on Marketing Programs.

40-3-105. Restrictions on marketing programs.
(a) No multilevel distribution company, nor any participant, shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the multilevel distribution company agrees in writing:
(i) To repurchase all or part of any products which are unencumbered and in a resalable condition at a price of not less than ninety percent (90%) of the original net cost to the participant, taking into account any sales made by or through such participant prior to notification to the company of election to cancel;
(ii) To repay not less than ninety percent (90%) of the original net cost of any services purchased by the participants; or
(iii) To refund not less than ninety percent (90%) of any other consideration paid by the participant in order to participate in the marketing program.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-106 - Additional Restrictions in Marketing Programs.

40-3-106. Additional restrictions in marketing programs.
(a) No multilevel distribution company or participant in its marketing program shall:
(i) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of the financial gains;
(ii) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein;
(iii) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling or soliciting function in the sale or delivery of the product or services to the ultimate consumer; or
(iv) Offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant:
(A) If payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of the participant;
(B) If no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration which the participant may receive; or
(C) If the participant is without that degree of control over the operation of the plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration which he may receive or be entitled to receive.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-107 - Representations of Prospective Income Restricted.

40-3-107. Representations of prospective income restricted.
Multilevel distribution companies shall not represent directly or by implication that participants in a multilevel marketing program will earn or receive any stated gross or net amount, or represent in any manner the past earnings of participants. A written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that all or substantially all participants will succeed.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-108 - Licensed Activities Excluded.

40-3-108. Licensed activities excluded.
Nothing in W.S. 40-3-101 through 40-3-125 shall apply to acts or practices permitted under the laws of this state or under rules, regulations or decisions interpreting the laws, or to any person who has procured a license as provided by W.S. 39-17-106(a) or (b).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-109 - Notice of Activity and Consent to Service of Process.

40-3-109. Notice of activity and consent to service of process.
Each multilevel distribution company numbering among its participants any resident of this state shall file with the state's attorney general a statement giving notice of this fact and designating the secretary of state of this state its agent for service of process for any alleged violation of this act. The written notice shall further set forth the intention of the multilevel distribution company to abide by the provisions of this act. Compliance with this section shall not subject any multilevel distribution company to the provisions or consequences of any other statute of this state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-110 - Secretary of State Agent for Service of Process for Violations.

40-3-110. Secretary of state agent for service of process for violations.
Any multilevel distribution company, which fails to comply with W.S. 40-3-109 is deemed to have thereby appointed the secretary of state its agent for service of process for any alleged violation of this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-111 - Investigatory Powers.

40-3-111. Investigatory powers.
(a) If the attorney general has reason to believe that a person has engaged in activity which violates the provisions of this act, he shall make an investigation to determine if this act has been violated, and, to the extent necessary for this purpose, may administer oaths or affirmations, and, upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence.
(b) If the person's records are located outside this state, the person at his option shall either make them available to the attorney general at a convenient location within this state or pay the reasonable and necessary expenses for the attorney general or his representative to examine them at the place where they are maintained. The attorney general may designate representatives, including comparable officials of the state in which the records are located, to inspect them on his behalf.
(c) Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the attorney general may apply to the district court for an order compelling compliance.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-112 - Service of Process.

40-3-112. Service of process.
(a) Service of any type of process authorized by this act shall be personal within this state, but if such personal service cannot be obtained, substituted service may be made in the following manner:
(i) By service as provided by W.S. 40-3-109 and 40-3-110;
(ii) By service on the secretary of state;
(iii) Personal service without the state;
(iv) By registered or certified mail to the last known place of business, residence or abode of such persons for whom it is intended;
(v) As to any person other than a natural person, in the manner provided in the rules of civil procedure as if a complaint or other pleading which institutes a civil action has been filed; or
(vi) By such service as a district court may direct in lieu of personal service within this state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-113 - Venue of Action for Injunctive Relief.

40-3-113. Venue of action for injunctive relief.
An action under this act may be brought in the district court of the county in which the alleged violator resides or has his place of business or in the district court of Laramie county, Wyoming.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-114 - Injunctive Relief Against Violations; Remedy Not Exclusive.

40-3-114. Injunctive relief against violations; remedy not exclusive.
The attorney general may, whenever it appears to him that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, bring an action in the name of the people of the state in a district court to enjoin the acts or practices or to enforce compliance with this act or any rule or order hereunder. Upon a proper showing, a permanent or preliminary injunction or restraining order shall be granted. The court shall not require the attorney general to post a bond. This section is not deemed to be exclusive of the remedies available to the state and the criminal penalties found in this act may also apply to individuals who are the subject of an action brought under this section.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-115 - Civil Penalty for Violating Injunction.

40-3-115. Civil penalty for violating injunction.
The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars ($5,000.00) per violation from any person who violates the terms of an injunction issued under W.S. 40-3-114.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-116 - Acceptance of Assurance of Voluntary Compliance Authorized.

40-3-116. Acceptance of assurance of voluntary compliance authorized.
In the enforcement of this act, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of this act from any person who has engaged in, is engaging in or is about to engage in such act or practice.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-118 - Additional Relief Authorized; Appointment of Receiver.

40-3-118. Additional relief authorized; appointment of receiver.
The court may make such additional orders or judgments as may be necessary to restore to any person in interest any monies or property, real or personal, which the court finds to have been acquired by means of any act or practice committed in violation of this act. Such additional relief may include the appointment of a receiver whenever it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal or dispose of his property to the damage of persons to whom restoration would be made under this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-119 - Receiver's Power to Acquire and Dispose of Property.

40-3-119. Receiver's power to acquire and dispose of property.
Any receiver appointed pursuant to W.S. 40-3-118 has the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, monies and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description derived in violation of this act by any multilevel distribution company or any distributor in any multilevel distribution marketing plan sponsored by such company, including property which has been commingled with company or distributor property, if it cannot be identified in kind because of such commingling, and to sell, convey and assign the same and hold and dispose of the proceeds thereof under the direction of the court.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-120 - Civil Penalty for Willful Violation; Willful Violation Defined.

40-3-120. Civil penalty for willful violation; willful violation defined.
In any action brought pursuant to this act, if the court finds that any person has engaged in prohibited activities in willful violation of or in reckless disregard for any provision of this act, the attorney general or county attorney in any county in which the violation occurred, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand dollars ($2,000.00) per violation. For purposes of this section, a willful or reckless disregard occurs when the party committing the violation knew or should have known that his conduct was a violation of this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-121 - Property Acquisition and Disposition Remedy Available in Action for Private Remedy.

40-3-121. Property acquisition and disposition remedy available in action for private remedy.
The remedy provided by W.S. 40-3-119 is available to any person in any action brought for a private remedy against any multilevel distribution company or any distributor in the multilevel distribution marketing plan sponsored by the company.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-122 - Penalties for Violations; Other Criminal Remedies Unimpaired.

40-3-122. Penalties for violations; other criminal remedies unimpaired.
Any person who willfully violates any provision of this act, or who willfully violates any rule or order under this act, shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned in a county jail for not more than one (1) year, or be punished by both such fine and imprisonment, but no person may be imprisoned for the violation of any rule or order if he proves that he had no knowledge of the rule or order. Nothing in this act limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-123 - Limitation of Actions.

40-3-123. Limitation of actions.
No action shall be maintained to enforce any liability created under this act unless brought before the expiration of three (3) years after the act or transaction constituting the violation or the expiration of one (1) year after the discovery by the plaintiff of the fact constituting the violation.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-124 - Causes of Action Under Other Law Unimpaired.

40-3-124. Causes of action under other law unimpaired.
Nothing in this act shall in any way affect causes of action arising under other laws of this state or under the common law brought by any private person.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 3 - Multilevel and Pyramid Distributorships › Section 40-3-125 - Severability of Provisions.

40-3-125. Severability of provisions.
If a part of this act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one (1) or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-101 - What Constitutes Unfair Discrimination; Penalty; Exceptions; Definitions.

40-4-101. What constitutes unfair discrimination; penalty; exceptions; definitions.
(a) Any person, firm, corporation, foreign or domestic, or other entity doing business in the state of Wyoming shall not:
(i) Make, enter into, form or become a party to any plan, contract, agreement, conspiracy, asset acquisition, consolidation, merger or combination of any kind whatsoever to prevent or substantially lessen competition, create a monopoly or to control or influence production or prices thereof; or
(ii) Repealed By Laws 2009, Ch. 172, 2.
(iii) Repealed By Laws 2009, Ch. 172, 2.
(iv) Monopolize, attempt to monopolize or combine or conspire to monopolize any part of trade or commerce.
(b) Any person, firm, corporation or other entity violating subsection (a) of this section is guilty of unfair discrimination and any agreement, contract, whether express or implied, or any provision of an agreement or contract violating subsection (a) of this section is illegal and void to the extent it violates subsection (a) of this section.
(c) This chapter shall not:
(i) Repealed By Laws 2009, Ch. 172, 2.
(ii) Repealed By Laws 2009, Ch. 172, 2.
(iii) Prevent the sale of goods at commercial discounts customary in the sale of the goods;
(iv) Prohibit cooperative agreements for antitrust exceptions approved and operating pursuant to W.S. 35-24-101 through 35-24-116;
(v) Prohibit the development, agreement on and use of standards designed to permit or encourage competition or interoperability among products or services, provided the standards do not include provisions fixing or colluding on the prices or colluding to prevent competition by limiting the availability of the products or services;
(vi) Prohibit any person, firm, corporation or other entity from entering into any agreement or contract with a customer which specifies the price charged, or the services furnished, to the customer, or which gives discounts or additional services to the customer for purchasing specified volumes or multiple products of the same or similar product or service; or
(vii) Prohibit any person, firm, corporation or other entity from offering a customer loyalty program.
(d) As used in this chapter, "this act" means W.S. 40-4-101 through 40-4-123.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-104 - Criminal Enforcement and Penalties.

40-4-104. Criminal enforcement and penalties.
(a) Any person, firm, corporation or other entity violating any of the provisions of this act shall be fined in any sum not more than fifty thousand dollars ($50,000.00) per violation of this act, or by imprisonment in the county jail not exceeding one (1) year, or both.
(b) The district attorney may enforce criminal violations of this act against any person, firm, corporation or entity.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-107 - Sale at Less Than Cost Prohibited; Cost Defined.

40-4-107. Sale at less than cost prohibited; cost defined.
(a) It shall be unlawful for any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state, to sell, offer for sale or advertise for sale any article or product, at less than the cost thereof to such vendor, or give, offer to give or advertise the intent to give away any article or product for the purpose of injuring competitors and destroying competition.
(b) The term cost as applied to production or manufacturing is hereby defined as including the cost of raw materials and labor and as applied to distribution cost shall mean the invoice or replacement cost, whichever is lower, of the article or product to the distributor and vendor plus any freight charges, all applicable federal, state and local taxes and any charges imposed by federal, state or local government that are not taxes that are paid by the distributor and vendor and are not included in the invoice cost.
(c) Repealed By Laws 2009, Ch. 172, 2.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-109 - Proof of Intent; Cost Survey as Evidence of Cost.

40-4-109. Proof of intent; cost survey as evidence of cost.
In any injunction proceeding or in the prosecution of any person as officer, director or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm or corporation for whom or which he acts. Where a particular trade or industry, of which the person, firm or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, the said cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of this act.