87-216. Action for misuse; when.
Subject to section 87-218, any person shall be liable to a civil action by the registrant of the trade name for any or all of the remedies provided in section 87-217 if that person shall:
(1) Use in connection with his or her business, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trade name registered under sections 87-208 to 87-219.01 in a manner likely to cause confusion, mistake, or deception of purchasers; or
(2) Reproduce, counterfeit, copy, or colorably imitate any registered trade name and apply the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be in conjunction with another business in this state; except that the registrant shall not be entitled to recover profits or damages unless the acts were committed with knowledge that the imitation was intended to be used to cause confusion, mistake, or deception of purchasers.
Source
Structure Nebraska Revised Statutes
87-129 - Mark; not registered; when.
87-130 - Application for registration; contents.
87-132 - Certificate of registration; contents; how treated.
87-133 - Registration; term; renewal; renewal fee; prior registration and proceedings.
87-134 - Registration; assignment; change of name; other recordings; fees.
87-136 - Cancellation from register.
87-137 - Classification of goods and services; rules and regulations.
87-138 - Fraudulent representation; liability.
87-139 - Unauthorized use; liability.
87-140 - Famous mark; factors; remedies.
87-141 - Injunction; damages; attorney's fees.
87-142 - Cancellation or registration of mark; action; procedure.
87-143 - Common law; construction of act.
87-144 - Fees; not refundable.
87-209 - Trade name; not registered; when.
87-210 - Trade name; application for registration; requirements; Secretary of State.
87-211 - Trade name; registration; term effective; renewal; fee; statement.
87-212 - Trade name; assignment; recordation; fee.
87-213 - Secretary of State; record; public examination.
87-214 - Registration; Secretary of State; cancel; when.
87-215 - False representation or declaration; damages.
87-216 - Action for misuse; when.
87-217 - Injury to business; injunction; remedies; attorney's fees.
87-218 - Trade name; enforcement of rights.
87-219 - Trade name; publication; file; failure; effect.
87-219.01 - Trade name; protest registration; procedure.
87-302 - Deceptive trade practices; enumerated.
87-303 - Deceptive trade practices; damages; injunction; costs; additional remedy.
87-303.01 - Unconscionable act or practice; violation; determination.
87-303.02 - Deceptive trade practice or unconscionable act; Attorney General; powers.
87-303.03 - Attorney General; additional powers.
87-303.04 - Attorney General; order; failure or refusal to obey; court; powers.
87-303.06 - Claims not barred.
87-303.07 - Sale or lease agreement; unenforceable; when.
87-303.08 - Violations; penalty.
87-303.09 - Injunction, declaratory judgment, written assurance; violation; penalty.
87-303.10 - Civil action; statute of limitations.
87-303.11 - Violations; civil penalty; recovery; procedure.
87-304 - Applicability of act.
87-403 - Franchise; sections, applicable; when.
87-406 - Prohibited practices; enumerated.
87-407 - Sections; applicability.
87-408 - Action by franchisee; defense.
87-409 - Franchisee; action to recover damages; injunction; costs.
87-411 - Motor fuel franchises; death of franchisee; effect.
87-412 - Designation of successor in interest; rights; notice of election to operate franchise.
87-413 - Successor in interest; trial lease and franchise agreement; procedure.
87-414 - Applicability of sections.
87-503 - Misappropriation; injunction; royalty; affirmative acts.
87-504 - Misappropriation; damages.
87-505 - Court proceedings; preserve secrecy.
87-506 - Statute of limitation.
87-507 - Applicability of act.
87-603 - Contract for invention development services; requirements; option to terminate.
87-605 - Contract for invention development services; written report; contents.
87-606 - Contract for invention development services; contents.
87-608 - Attorney General; enforcement duties; civil penalty.
87-609 - Invention developer; bond; filings required; fees.
87-610 - Remedies; not exclusive.
87-702 - Legislative findings.
87-706 - Repair parts; returns; duties of supplier.
87-707 - Termination of dealer agreement; supplier and dealer; rights and duties; liability.
87-708 - Death or incapacity of dealer; heirs or personal representative; rights and remedies.
87-709 - Dealer agreement; void and unenforceable; when; violations; remedies.
87-710 - Obligations; applicability to successors.
87-803 - Breach of security; investigation; notice to resident; notice to Attorney General.
87-804 - Compliance with notice requirements; manner.
87-805 - Waiver; void and unenforceable.