2009 Nebraska Code
practices; damages; injunction; costs; additional remedy.
Chapter 87 TRADE PRACTICES
87-303 Deceptive trade practices; damages; injunction; costs; additional remedy.
(a) A person likely to be damaged by a deceptive trade practice of another may bring an action for, and the court may grant, an injunction under the principles of equity against the person committing the deceptive trade practice. The court may order such additional equitable relief as it deems necessary to protect the public from further violations, including temporary and permanent injunctive relief. 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.
(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court in its discretion may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which he knew to be groundless or (2) the party charged with a deceptive trade practice has willfully engaged in the trade practice knowing it to be deceptive.
(c) A claim filed for a violation of the Uniform Deceptive Trade Practices Act shall be proved by a preponderance of the evidence.
(d) 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.
(e) Subdivision (a)(12) of section 87-302 shall not be construed to authorize a civil action against an interactive computer service, provider of telecommunications service, or cable operator for the actions of an information content provider.Source
Laws 1969, c. 855, § 3, p. 3223;
Laws 2010, LB801, § 3.
Effective Date: July 15, 2010
Annotations Portion of order enjoining violator from ever disseminating advertising using competitor's name is deprivation of due process. Kirsch Fabric Corp. v. Brookstein Enterprises, Inc., 209 Neb. 666, 309 N.W.2d 328 (1981).
Company found to have committed unfair competition in use of trademark was not liable for attorney's fees in infringement action where activities were not willfully improper with knowledge they were deceptive but acted in colorable theory it had right to use trademark. Wrist-Rocket Manuf. Co., Inc. v. Saunders, 379 F.Supp. 902 (D. Neb. 1974).
Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.