Louisiana 2014 2014 Regular Session

Louisiana House Bill HB400 Comm Sub / Analysis

                    Badon (HB No. 400)	Act No. 511
Prior 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, declared 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 were uniquely descriptive and were
reserved to Jazzland, Inc., to prevent unauthorized commercial exploitation.
Prior law provided that the term "Jazzland" and its logo were reserved to Jazzland, Inc., as
trade names, trademarks, and service marks in all fields of commerce in La. and only
Jazzland, Inc., could issue licenses to persons or entities to utilize the described name and
logo.
Prior law prohibited the secretary of state from registering any name or logo reserved in prior
law except to Jazzland, Inc., or with the written approval of Jazzland, Inc.
Prior law prohibited the secretary of state from registering any name or logo which so
resembled those reserved in prior law which would have caused confusion or mistake or to
deceive, except to Jazzland, Inc., or with the written approval of Jazzland, Inc.
Prior law prohibited the use of any reproduction, counterfeit, copy, or colorable imitation of
a mark reserved by prior law when such use was likely to cause confusion or mistake or to
deceive as to the source of origin of such goods or services.
Prior law provided for a civil action for any and all remedies for violations of prior law and
allowed for injunctions to restrain the manufacturing, use, display, or sale as may have been
deemed just and reasonable.
Prior law did not affect the right of Jazzland, Inc., to prosecute or seek prosecution under any
other law of this state.
New law repeals prior law.
Effective Aug. 1, 2014.
(Repeals R.S. 51:300.1-300.6)