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H.B. 789 2007 Vetoed Bills and Messages
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2. "BANK" INCLUDES ANY FARM CREDIT SYSTEM
INSTITUTION IN THIS STATE.
(III) "NAME" MEANS THE NAME, TRADE NAME, TRADEMARK,
SERVICE MARK, LOGO, OR TAGLINE USED BY A BANK TO IDENTIFY ITSELF.
(2) EXCEPT WITH THE CONSENT OF THE BANK, A PERSON MAY
NOT USE THE NAME, TRADE NAME, LOGO, OR TAGLINE OF A BANK OR THE NAME,
TRADE NAME, LOGO, OR TAGLINE OR ANY TERM OR DESIGN THAT IS SIMILAR TO
THAT WHICH IS USED BY THE NAME OF THE A BANK IN ANY MARKETING
MATERIAL PROVIDED TO ANOTHER PERSON OR IN ANY SOLICITATION OF
ANOTHER PERSON IF THE NAME, TRADE NAME, LOGO, OR TAGLINE IN A MANNER
THAT MAY CAUSE A REASONABLE PERSON TO BELIEVE BE CONFUSED,
MISTAKEN, OR DECEIVED THAT THE MARKETING MATERIAL OR SOLICITATION:
(I) ORIGINATED FROM THE BANK;
(II) ORIGINATED FROM SOMEONE AFFILIATED,
CONNECTED, OR ASSOCIATED WITH THE BANK;
(III) IS ENDORSED APPROVED OR SPONSORED BY THE BANK;
OR
(III) (IV) IS THE RESPONSIBILITY OF THE BANK.
(C) IN ADDITION TO ANY OTHER REMEDIES A BANK MAY HAVE UNDER
ANY OTHER PROVISION OF LAW, A BANK THAT IS AFFECTED BY A VIOLATION OF
SUBSECTION (B) OF THIS SECTION MAY BRING AN ACTION AGAINST THE PERSON
THAT COMMITTED THE VIOLATION TO RECOVER:
(1) ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE
VIOLATION;
(2) EITHER:
(I) ALL PROFITS ATTRIBUTABLE TO THE VIOLATION; OR
(II) $ 1,000 FOR EACH VIOLATION; AND
(3) REASONABLE COURT COSTS AND REASONABLE ATTORNEY'S
FEES AND COURT COSTS.
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- 4756 -
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