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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 206. UNIFORM DECEPTIVE TRADE PRACTICES ACT
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Title 10 - §1211. Definitions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1211. Definitions
As used in this chapter, unless the context otherwise requires:
[1969, c. 503 (new).]
1. Article. "Article" means a product as distinguished from its trademark, label or distinctive dress in packaging;
[1969, c. 503 (new).]
2. Certification mark. "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate
geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to
indicate that the work or labor on the goods or services was performed by members of a union or other organization;
[1969, c. 503 (new).]
3. Collective mark. "Collective mark" means a mark used by members of a cooperative, association or other collective group or organization to
identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or
organization;
[1969, c. 503 (new).]
4. Mark. "Mark" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement;
[1969, c. 503 (new).]
5. Person. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust,
partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal
or commercial entity;
[1969, c. 503 (new).]
6. Service mark. "Service mark" means a mark used by a person to identify services and to distinguish them from the services of others;
[1969, c. 503 (new).]
7. Trademark. "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others;
[1969, c. 503 (new).]
8. Trade name. "Trade name" means a work, name, symbol, device 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.
[1969, c. 503 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1212. Deceptive trade practices
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1212. Deceptive trade practices
1. Lists. A person engages in a deceptive trade practice when, in the course of his business, vocation or occupation, he
A. Passes off goods or services as those of another;
[1969, c. 503 (new).]
B. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods
or services;
[1969, c. 503 (new).]
C. Causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification
by, another;
[1969, c. 503 (new).]
D. Uses deceptive representations or designations of geographic origin in connection with goods or services;
[1969, c. 503 (new).]
E. Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities
that they do not have, or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;
[1969, c. 503 (new).]
F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
[1973, c. 625, § 53 (amd).]
G. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style
or model, if they are of another;
[1969, c. 503 (new).]
H. Disparages the goods, services or business of another by false or misleading representation of fact;
[1969, c. 503 (new).]
I. Advertises goods or services with intent not to sell them as advertised;
[1969, c. 503 (new).]
J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses
a limitation of quantity;
[1969, c. 503 (new).]
K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of, price reductions; or
[1969, c. 503 (new).]
L. Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
[1969, c. 503 (new).]
[1973, c. 625, § 53 (amd).]
2. Complaint. In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual
confusion or misunderstanding.
[1969, c. 503 (new).]
3. Application. This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State.
[1969, c. 503 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1213. Remedies
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1213. Remedies
A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles
of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive
is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding
as to source.
[1969, c. 503 (new).]
div>
The court in exceptional cases may award reasonable attorneys' fees to the prevailing party. Costs or attorneys' fees may
be assessed against a defendant only if the court finds that he has willfully engaged in a deceptive trade practice.
[1969, c. 503 (new).]
div>
The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common
law or other statutes of this State.
[1969, c. 503 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1214. Application
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1214. Application
1. Application. This chapter does not apply to:
A. Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental
agency;
[1969, c. 503 (amd).]
B. Publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed
or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character; or
[1969, c. 503 (new).]
C. Actions or appeals pending on October 1, 1969.
[1973, c. 625, § 54 (amd).]
[1973, c. 625, § 54 (amd).]
2. Limitation. Section 1212, subsection 1, paragraphs B and C do not apply to the use of a service mark, trademark, certification mark,
collective mark, trade name or other trade identification that was used and not abandoned before October 1, 1969, if the use
was in good faith and is otherwise lawful except for this chapter.
[1973, c. 625, § 55 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1215. Uniformity of interpretation
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1215. Uniformity of interpretation
This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
[1969, c. 503 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1216. Short title
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT
§1216. Short title
This chapter may be cited as the Uniform Deceptive Trade Practices Act.
[1969, c. 503 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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