87-607. Contract for invention development services; voidable; when; civil action authorized; additional amount distributed to common schools; when; rebuttable presumption.
(1) Any contract for invention development services which does not substantially comply with the Invention Development Services Disclosure Act shall be voidable at the option of the customer. Any contract for invention development services entered into in reliance upon any false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer shall be voidable at the option of the customer. Any waiver by the customer of any of the provisions of the act shall be deemed contrary to public policy and shall be void and unenforceable.
(2) Any customer who has been injured by a violation of the act by an invention developer, by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by the act may recover in a civil action against the invention developer, in addition to reasonable costs and attorney's fees, the amount of actual damages sustained by the customer.
(3) If a customer establishes a claim and secures judgment on such claim under subsection (2) of this section, an amount up to two times the judgment may be recovered from the invention developer, if ordered by the court. Any amount recovered pursuant to this subsection shall be placed in a fund to be distributed to the common schools of this state.
(4) A substantial violation of any provision of the act by an invention developer or the execution by the customer of a contract for invention development services in reliance on any such false or fraudulent statements, representations, or material omissions shall establish a rebuttable presumption of injury.
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.