Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXIX. COMMERCE AND TRADE |
CHAPTER 365. TRADE PRACTICES |
010. Repealed, 1974. [Repealed] |
Assumed Business Names |
015. Certificate of assumed name -- Filing with state and county -- Certificate of withdrawal -- Filing fees. |
Unfair Trade Practices |
020. Price discrimination between localities prohibited -- Exceptions. |
030. Sale at less than cost or gift of commodity to destroy competition prohibited. |
040. Exceptions to KRS 365.030. |
050. Unfair trade practices. |
055. Use of mailed document purporting to inform of winning a prize. |
060. Contracts violating KRS 365.020 to 365.050 are void. |
070. Injunction and damages for violation of KRS 365.020 to 365.050. |
080. Repealed, 1976. [Repealed] |
090. Repealed, 1976. [Repealed] |
Brands and Labels |
100. Use of false brand to deceive. |
110. Unauthorized use of manufacturer's brand or name. |
120. Repealed, 1966. [Repealed] |
130. Repealed, 1966. [Repealed] |
140. Repealed, 1966. [Repealed] |
150. Repealed, 1966. [Repealed] |
160. Repealed, 1966. [Repealed] |
170. Repealed, 1966 [Repealed] |
180. Repealed, 1966. [Repealed] |
190. Repealed, 1966. [Repealed] |
200. Repealed, 1970. [Repealed] |
Miscellaneous |
205. Definitions -- Printing requirements for personal checks. |
210. Foreign corporations collecting and distributing news must furnish services to all newspapers without discrimination. |
220. Request for news and offer to pay charges; no business to be done after refusal. |
230. Telegraph and telephone companies to furnish services to newspapers without discrimination. |
240. Repealed, 1980. [Repealed] |
241. Counterfeiting intellectual property -- Penalties -- Disposition of property. |
250. Repealed, 2008. [Repealed] |
251. Repealed, 1968. [Repealed] |
Unfair Cigarette Sales Law |
260. Short title for KRS 365.260 to 365.380. |
265. Legislative findings. |
270. Definitions for KRS 365.260 to 365.380. |
280. Sale at less than cost prohibited -- Fine. |
290. Combination sales. |
300. Sales by wholesaler to any other wholesaler. |
310. Sales excluded from provisions of KRS 365.260 to 365.380. |
320. Transactions permitted to meet lawful competition. |
330. Sales contract made in violation of KRS 365.260 to 365.380 void. |
340. Sales outside ordinary channels of business not to be used in establishing basic cost. |
350. Actions for violations or threatened violations -- Remedies -- Actual damages need not be alleged or proved -- Costs. |
360. Evidence admissible in determining cost to wholesaler and retailer -- Cost survey. |
370. Powers and duties of department -- Appeals. |
380. License. |
390. Payment of enforcement and administration fee by cigarette wholesaler -- Special account -- Fee deemed an additional cost. |
395. Repealed, reenacted, and amended as KRS 438.313, effective July 15, 1994. [Repealed, reenacted, and amended] |
Fire, Removal and Other Sales of Merchandise |
410. Definitions. |
415. License requirement for fire, removal, and certain other sales. |
420. Application for license -- Bond. |
425. Approval of Cabinet for Health and Family Services required. |
430. Issuance of license -- Scope of authorization. |
435. Record of licenses -- Refusal of license, appeal. |
440. Bond held three years, surrendered when. |
445. Duration of license -- Renewal -- Fee. |
447. Limitation on acquisition of permits for going out of business sales. |
450. Federal and judicial requirements to be observed. |
455. Posting of application for license -- Advertising regulations. |
460. Removal of goods from licensed premises -- Effect. |
465. Additions to stock for purpose of sale prohibited -- Evidence. |
470. Additions to stock during sale prohibited. |
475. Law inapplicable to judicial or farm sales. |
480. Injunctive relief -- Civil penalty. |
Advertising of Sales at Wholesale |
490. Definitions. |
495. Advertising of sales at wholesale regulated. |
500. Use of word wholesaler in business name, regulations. |
505. Attorney General to enforce -- Injunctive relief -- Civil penalty. |
510. Applicability of law. |
Trademarks and Service Marks |
560. Repealed, 1994. [Repealed] |
561. Legislative intent. |
563. Definitions for KRS 365.561 to 365.613. |
565. Repealed, 1994. [Repealed] |
567. Registrability. |
570. Repealed, 1994. [Repealed] |
571. Application for registration. |
573. Filing of applications. |
575. Repealed, July 15, 1994. [Repealed] |
577. Certificate of registration. |
580. Repealed, 1994. [Repealed] |
581. Duration and renewal. |
583. Assignments, changes of name, and other instruments. |
585. Repealed, 1994. [Repealed] |
587. Records. |
590. Repealed, 1994. [Repealed] |
591. Cancellation. |
593. Classification. |
595. Repealed, 1994. [Repealed] |
597. Fraudulent registration. |
600. Repealed, 1994. [Repealed] |
601. Infringement. |
603. Remedies. |
605. Repealed, 1994. [Repealed] |
607. Forum for actions regarding registration -- Service on out-of-state registrants. |
610. Repealed, 1994. [Repealed] |
611. Common law rights. |
613. Fees not refundable. |
615. Repealed, 1994. [Repealed] |
620. Repealed, 1994. [Repealed] |
625. Repealed, 1994. [Repealed] |
Transient Merchants |
650. Definitions. |
655. Application of KRS 365.650 to 365.695. |
660. Permit required. |
665. Application for permit. |
670. Duty of county clerk. |
675. Registered agent. |
680. Permit fee -- Bond. |
685. Use of permit -- Limits -- Display -- District Court hearing in case of denial. |
687. Buyer's right of cancellation. |
690. Enforcement by Attorney General or county attorney -- Civil penalty. |
695. Regulation by counties or cities. |
Unsolicited Goods |
710. Unsolicited goods deemed gift to recipient -- Definition -- Return of goods. |
Destruction of Records Containing Personally Identifiable Information |
720. Definitions for KRS 365.720 to 365.730. |
725. Destruction of customer's records containing personally identifiable information. |
730. Civil action for damages or injunction for violation of KRS 365.725 -- Rights and remedies. |
Motion Picture Distribution |
750. Definitions. |
755. Blind bidding prohibited -- Restrictions on distributor's conditions for license agreement. |
760. Bid specifications -- Notice of trade screening -- Examination of bid by another exhibitor -- Bid invitation prohibits other methods of license agreement. |
765. Award of damages and attorney fees -- Enforcement. |
Retail Sales of Equipment |
800. Definitions for KRS 365.800 to 365.840. |
805. Repurchase of inventory from retailer by supplier. |
810. Prices to be paid by supplier for repurchase of inventory and hardware, software, repair tools, signage and fixtures required by the supplier -- Reimbursement for training. |
815. Title to repurchased goods -- Reserve accounts for recourse contracts. |
820. Items not required to be repurchased from retailer. |
825. Liability for failure to repurchase. |
830. Repurchase of inventory upon death of retailer or majority owner -- Option of heirs -- Previous agreements of succession rights. |
831. Termination or change of contract by supplier -- Good cause requirement -- When not permitted -- Notice. |
832. Coercion by supplier prohibited. |
833. Claims by retailers for payment under warranty agreements. |
834. Provisions of KRS 365.800 to 365.840 not waivable. |
835. Construction of KRS 365.800 to 365.840 -- Right of retailer and supplier to inspect inventory under repurchase arrangement. |
840. Applicability of KRS 365.800 to 365.840. |
Consignment of Fine Art |
850. Definitions. |
855. Acts constituting consignment. |
860. Rules constituting consignment. |
865. Work of art consigned remains trust property until payment received by consignor. |
870. Waiver of provisions of KRS 365.855 to 365.875 prohibited. |
875. Application and effect of KRS 365.855 to 365.870. |
Uniform Trade Secrets Act |
880. Definitions. |
882. Injunctive relief. |
884. Damages. |
886. Attorney's fees. |
888. Preservation of secrecy. |
890. Statute of limitations. |
892. Effect on other laws. |
894. Uniformity of application and construction. |
896. Short title. |
898. Severability. |
900. Effective date -- When applicable to misappropriation. |
Penalties |
990. Penalties. |
991. Repealed, 1968. [Repealed] |
992. Penalties. |
993. Penalties. |