Oklahoma § 78-55 - Exceptions

§ 78-55. Exceptions

A. This act does not apply to:

1. Conduct in compliance with the orders or rules of, or a

statute administered by, a federal, state, or local governmental

agency;

2. Publishers, broadcasters, printers, or other persons engaged

in the dissemination of information or reproduction of printed or

pictorial matter who publish, broadcast, or reproduce material

without knowledge of its deceptive character;

3. Actions or appeals pending on the date that this act becomes

effective; or

Oklahoma Statutes - Title 78. Trade Marks and Labels

4. Motor vehicle dealers who are new car franchise dealers

covered under the provisions of the Motor Vehicle Commission Law as

set forth in Sections 561 through 580.2 of Title 47 of the Oklahoma

Statutes, inclusive.

B. This act shall be interpreted to apply to the use by a

person of any service mark, trademark, certification mark,

collective mark, trade name, or other trade identification which was

used and not abandoned prior to the effective date of this act, if

the use was in good faith and is otherwise lawful except for the

provisions of this act.

C. For purposes of paragraphs 13 and 14 of subsection A of

Section 53 of this title, a telephone company or other provider of a

telephone directory or directory assistance service or its officer

or agent is immune from liability for publishing the listing of a

fictitious business name or assumed business name of a supplier in

its directory or directory assistance database unless the telephone

company or other provider of a telephone or directory assistance

service is the same person as the supplier who has committed the

deceptive act.

Added by Laws 1965, c. 234, § 5. Amended by Laws 1998, c. 162, § 4,

eff. July 1, 1998.