Louisiana 2014 2014 Regular Session

Louisiana House Bill HB400 Engrossed / Bill

                    HLS 14RS-680	ENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 400
BY REPRESENTATIVE BADON
TRADEMARKS/TRADE NAMES:  Provides relative to using Jazzland as a trademark
AN ACT1
To repeal Subpart G of Part VI of Chapter 1 of Title 51 of the Louisiana Revised Statutes2
of 1950, comprised of R.S. 51:300.1 through 300.6, relative to Jazzland, Inc.; to3
repeal provisions of law relating to the reservation of the term "Jazzland" and related4
logos and symbols as trade names, trademarks, and service marks by Jazzland, Inc.5
in the state of Louisiana.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Subpart G of Part VI of Chapter 1 of Title 51 of the Louisiana Revised8
Statutes of 1950, comprised of R.S. 51:300.1 through 300.6, is hereby repealed in its9
entirety.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Badon	HB No. 400
Abstract: Repeals the protection of the term Jazzland and its logo from unauthorized
commercial exploitation by repealing provisions relating to the term "Jazzland" and
related logos and symbols as trade names, trademarks, and service marks by
Jazzland, Inc. in the state of La.
Present law, Subpart G of Part VI of Chapter 1 of Title 51 of the La. Revised Statutes of
1950, comprised of R.S. 51:300.1-300.6, declares that the term "Jazzland" and all phrases
containing "Jazzland" and the logos, one logo comprising the stylized word "JAZZLAND"
with letters at different heights, with two wavy lines above the letters and two characterized
people above the "J" and the second logo, a caricature of an alligator wearing a modified top
hat, a waistcoat, a diagonal sash, and carrying a parasol are uniquely descriptive and is
reserved to Jazzland, Inc., to prevent unauthorized commercial exploitation. HLS 14RS-680	ENGROSSED
HB NO. 400
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Present law provides that the term "Jazzland" and its logo are reserved to Jazzland, Inc., as
trade names, trademarks, and service marks in all fields of commerce in La. and only
Jazzland, Inc., can issue licenses to persons or entities to utilize the described name and logo.
Present law prohibits the secretary of state from registering any name or logo reserved in
present law except to Jazzland, Inc., or with the written approval of Jazzland, Inc.
Present law prohibits the secretary of state from registering any name or logo which so
resembles those reserved in present law which would cause confusion or mistake or to
deceive, except to Jazzland, Inc., or with the written approval of Jazzland, Inc.
Present law prohibits the use of any reproduction, counterfeit, copy, or colorable imitation
of a mark reserved by present law when such use is likely to cause confusion or mistake or
to deceive as to the source of origin of such goods or services.
Present law provides for a civil action for any and all remedies for violations of present law
and allows for injunctions to restrain the manufacturing, use, display, or sale as may be
deemed just and reasonable.
Present law does not affect the right of Jazzland, Inc., to prosecute or seek prosecution under
any other law of this state.
Proposed law repeals present law.
(Repeals R.S. 51:300.1-300.6)