Kentucky Revised Statutes

Kentucky Revised Statutes

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Statutes Last Updated July 23, 2012

Includes Enactments through the 2012 Extraordinary Session
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KRS Chapter 365.00

.010 Repealed, 1974.

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.080 Repealed, 1976.

.090 Repealed, 1976.

Brands and Labels

.100 Use of false brand to deceive.

.110 Unauthorized use of manufacturer's brand or name.

.120 Repealed, 1966.

.130 Repealed, 1966.

.140 Repealed, 1966.

.150 Repealed, 1966.

.160 Repealed, 1966.

.170 Repealed, 1966

.180 Repealed, 1966.

.190 Repealed, 1966.

.200 Repealed, 1970.

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.240 Repealed, 1980.

.241 Counterfeiting intellectual property -- Penalties -- Disposition of property.

.250 Repealed, 2008.

.251 Repealed, 1968.

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.

Fire, Removal and Other Sales

.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.

.561 Legislative intent.

.563 Definitions for KRS 365.561 to 365.613.

.565 Repealed, 1994.

.567 Registrability.

.570 Repealed, 1994.

.571 Application for registration.

.573 Filing of applications.

.575 Repealed, July 15, 1994.

.577 Certificate of registration.

.580 Repealed, 1994.

.581 Duration and renewal.

.583 Assignments, changes of name, and other instruments.

.585 Repealed, 1994.

.587 Records.

.590 Repealed, 1994.

.591 Cancellation.

.593 Classification.

.595 Repealed, 1994.

.597 Fraudulent registration.

.600 Repealed, 1994.

.601 Infringement.

.603 Remedies.

.605 Repealed, 1994.

.607 Forum for actions regarding registration -- Service on out-of-state registrants.

.610 Repealed, 1994.

.611 Common law rights.

.613 Fees not refundable.

.615 Repealed, 1994.

.620 Repealed, 1994.

.625 Repealed, 1994.

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

.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.