Tennessee Code Ann. Title 47, Chapter 25 - Trade Practices incl. Model Trademark Act (Part 5, §47-25-501 et seq.) - captured via guided Lexis in-session Next-walk (CDP), 2026-07-11 Sections: 218 ====================================================================== Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-101. Agreements in restraint of trade. All arrangements, contracts, agreements, trusts, or combinations between persons or corporations made with a view to lessen, or which tend to lessen, full and free competition in trade or commerce affecting this state, and all arrangements, contracts, agreements, trusts, or combinations between persons or corporations designed or which tend to advance, reduce, or control the price or the cost to the producer or the consumer of any product or service in trade or commerce affecting this state, are declared to be against public policy, unlawful, and void. History Acts 1891, ch. 218, § 1; 1903, ch. 140, § 1; Shan., § 3185; Code 1932, § 5880; T.C.A. (orig. ed.), § 69-101; Acts 2024, ch. 776, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-102. Monopolization. It is unlawful for any corporation or person to monopolize, attempt to monopolize, conspire to monopolize, or maintain a monopoly over any part of trade or commerce affecting this state. History Acts 1927, ch. 60, § 1; Code 1932, § 5881; T.C.A. (orig. ed.), § 69-102; Acts 2024, ch. 776, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-103. Criminal penalties for violation of §§ 47-25-101, 47-25-102 — Prosecution. (a) Any violation of either § 47-25-101 or § 47-25-102 is declared to be destructive of full and free competition and a conspiracy against trade, and any person who engages in any such conspiracy or who, as principal, manager, director, or agent, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or orders made in furtherance of such conspiracy, commits a Class E felony. (b) Any violation of § 47-25-101 or § 47-25-102 by a corporation shall upon conviction be punished by a fine not exceeding one million dollars ($1,000,000). (c) The attorney general and reporter has the power to institute criminal proceedings against persons and corporations for violations of § 47-25-101 or § 47-25-102, that involve the award of a contract by the state. However, the attorney general and reporter has jurisdiction to institute criminal proceedings that involve violations on contracts awarded by political subdivisions of the state upon the written request of the local district attorney general. History Acts 1891, ch. 218, § 2; 1903, ch. 140, § 3; Shan., § 3186; Acts 1927, ch. 60, § 4; mod. Code 1932, § 5882; Acts 1981, ch. 530, §§ 1, 2; T.C.A. (orig. ed.), § 69-103; Acts 1989, ch. 591, § 41. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-104. Statute of limitations. (a) Section 28-1-113 applies to all actions brought by the attorney general and reporter under this part. (b) Section 28-3-105 applies to all actions brought by any other person under this part. History Acts 1891, ch. 218, § 4; 1903, ch. 140, § 2; Shan., § 3188; mod. Code 1932, § 5883; T.C.A. (orig. ed.), § 69-104; Acts 2024, ch. 776, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-105. Construction. Where necessary to consider the competitive effects of conduct or an agreement challenged under this part, a court shall consider exclusively the actual or reasonably likely effects of the challenged conduct or agreement on full and free competition. A full and free competitive process advances consumer welfare, which is served by competition on dimensions of price, quality, innovation, output, and consumer choice. This section does not confer standing on, or serve as proof of damages as to, any party. History Acts 1891, ch. 218, § 3; Shan., § 3187; Code 1932, § 5884; T.C.A. (orig. ed.), § 69-105; Acts 2024, ch. 776, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-106. Recovery of consideration as remedy for damages. (a) Any person who is directly or indirectly injured or damaged by any violation of this part may individually sue for and recover, in any court of competent jurisdiction, equitable relief and actual damages; provided, that such an action by a natural person must not be filed or proceed once the attorney general and reporter has commenced an action parens patriae pursuant to subsection (b). (b) The attorney general and reporter may bring an action in any court of competent jurisdiction in the name of this state, any of this state's political subdivisions or agencies, or as parens patriae on behalf of natural persons residing in this state for appropriate injunctive or other equitable relief, including, but not limited to, disgorgement, and to secure monetary damages for any injuries directly or indirectly sustained by reason of any violation of this part. The court shall award this state a reasonable attorney's fee, costs, and expenses, and, in actions parens patriae, to secure monetary damages or treble damages sustained. (c) A class action lawsuit must not be brought to obtain injunctive relief and recover damages for conduct declared to be unlawful by this part. (d) In any action brought by the attorney general and reporter under subsection (b), the attorney general and reporter is the sole party for discovery purposes and is deemed to lack possession, custody, or control over documents possessed by the general assembly, other state officers, or any state agencies or institutions. If such an action is asserted on behalf of a political subdivision or agency, then the attorney general and reporter may facilitate nonparty discovery from that political subdivision or agency as an instrumentality with an interest in the litigation consistent with § 8-6-109. (e) In any action brought by the attorney general and reporter under subsection (b), where the attorney general and reporter does not seek to recover for an injury suffered by a state governmental branch or office, official, agency, political subdivision, or other instrumentality, nonparty discovery of that entity is presumptively unreasonable and unduly burdensome. (f) Actions parens patriae under subsection (b) are subject to the following procedures: (1) (A) The attorney general and reporter shall, at such times, in such manner, and with such content as the court may direct, cause notice of such actions to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to such person or persons according to the circumstances of the case; (B) Any person on whose behalf an action is brought under subsection (b) may elect to exclude from adjudication the portion of this state's claim for monetary relief attributable to the person by filing notice of such election with the court within such time as specified in the notice given pursuant to subdivision (f)(1)(A); and (C) The doctrine of res judicata applies to a final judgment in an action under subsection (b) as to any claim under this part by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to subdivision (f)(1)(A); (2) An action under subsection (b) must not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise must be given in such manner as the court directs; and (3) Monetary relief recovered in an action under subsection (b) must be distributed in such a manner as the court in its discretion may authorize, subject to the requirements that any distribution procedure adopted afford each person a reasonable opportunity to secure the person's appropriate portion of the net monetary relief, and that such monetary recovery must not be distributed to any uninjured person by cy pres distribution. (g) In any action brought by the attorney general and reporter under subsection (b), the court may, as a remedial measure, order payment to this state of a civil penalty of not more than one thousand dollars ($1,000) for each violation. History Acts 1891, ch. 218, § 6; 1903, ch. 140, § 4; Shan., § 3190; Acts 1927, ch. 60, § 3; mod. Code 1932, § 5886; T.C.A. (orig. ed.), § 69-106; Acts 2024, ch. 776, §§ 5-8; 2026, ch. 614, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-107. Civil actions under §§ 47-25-101 — 47-25-106 — Evidence. (a) Upon the trial of any civil action against any person for a violation of any of the provisions of §§ 47-25-101 — 47-25-106, all officers, stockholders, and agents of such corporation, person, or copartnership shall be competent witnesses against the defendant, as such, on trial. (b) Such officers, stockholders, and agents may be compelled to testify against such defendant, and produce all books and papers in their custody or control pertinent to the issues in such action at or before the time of trial, and shall not be excused from producing any books or papers because they might tend to incriminate such witnesses, but nothing which such witness shall testify to, and no books or papers produced by the witness, shall in any manner be used against the witness in any criminal action to which the witness is a party. History Acts 1891, ch. 218, § 7; Shan., § 3191; Code 1932, § 5887; T.C.A. (orig. ed.), § 69-107. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-108. Nonexclusivity. Conduct may be actionable as a violation of § 47-25-101 or § 47-25-102 and also constitute unfair or deceptive acts or practices actionable under the Tennessee Consumer Protection Act of 1977, compiled in chapter 18, part 1 of this title; provided, that the court shall exclude from an award of monetary relief under this part amounts that duplicate relief obtained for the same injuries. History Acts 1891, ch. 218, § 5; Shan., § 3189; Code 1932, § 5885; T.C.A. (orig. ed.), § 69-108; Acts 2024, ch. 776, § 9. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-109. Giving away or underpricing goods prohibited — Samples excepted. (a) It is unlawful for any person engaged in the business of manufacturing in this or any other state to give away or sell for a less price than the cost of manufacture, any manufactured article in this state, with the intent and purpose of destroying honest competition; provided, that nothing in this section shall be construed to prohibit the distribution to consumers of specimens of proprietary articles in good faith as samples. (b) Any person violating this section commits a Class C misdemeanor. History Acts 1907, ch. 36, §§ 1, 2; 1907, ch. 360, § 1; Shan., §§ 3191a3, 3191a4; Code 1932, §§ 5889, 5890; T.C.A. (orig. ed.), §§ 69-109, 69-110, 47-25-110; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-110. Agricultural cooperatives — Monopolization or restraint of trade. (a) If the commissioner of agriculture has reason to believe that any cooperative marketing association, organized or doing business in this state, under title 43, chapter 18, monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced by reason thereof, the commissioner shall serve upon such association a complaint stating the charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty (30) days after the service thereof, requiring the association to show cause why an order should not be made directing the association to cease and desist from monopolization or restraint of trade. (b) An association so complained of may, at the time and place so fixed, show cause why such order should not be entered. (c) The evidence given on such a hearing shall be taken under such rules and regulations as the commissioner may prescribe, reduced to writing, and made a part of the record. (d) If, upon such hearing, the commissioner is of the opinion that such association monopolizes or restrains trade to such an extent that the price of any agricultural product is unduly enhanced thereby, the commissioner shall issue and cause to be served upon the association an order reciting the facts found by the commissioner, directing such association to cease and desist from monopolization or restraint of trade. (e) If such association fails or refuses or neglects to obey such order, the attorney general and reporter shall then proceed to take appropriate action against the association so offending, in a court of competent jurisdiction. Such court may, upon the conclusion of the hearing, enforce its decree by injunction or other appropriate remedy, but no injunction or extraordinary process shall issue until such association fails or refuses to comply with the terms and provisions of the warning order of the commissioner. History Acts 1925, ch. 49, § 2; Shan. Supp., § 3188a1; Code 1932, § 5891; T.C.A. (orig. ed.), §§ 69-111, 47-25-111. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-111. Coal — Agreement to restrict output. Any person who, directly or indirectly, enters into a conspiracy or agreement with intent to limit the output of coal in this state, for the purpose of raising the price to the consumer, or to any intermediate dealer, or who enters into any conspiracy or agreement, directly or indirectly, of any nature whatsoever to so raise the price of coal to the consumer or to any intermediate dealer, commits a Class C misdemeanor. History Acts 1897, ch. 93, § 1; Shan., § 3191a2; Acts 1917, ch. 138, § 1; Code 1932, § 5888; T.C.A. (orig. ed.), §§ 69-112, 47-25-112; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-112. News services, etc. — Discrimination prohibited. (a) It is unlawful for any person, firm, or corporation, or any association or combination of corporations, firms, or persons, engaged in the business of buying, gathering, or accumulating information or news, or vending, supplying, distributing, or publishing information or news, to refuse to vend, supply, distribute, or publish such information or news to any person, firm, or corporation, conducting a newspaper in this state, offering to pay for the information or news, or to make discrimination in any manner between persons, firms, or corporations conducting newspapers in this state in the vending, supplying, distributing or publishing of such information or news. (b) It is unlawful for any agent or employee in this state of a person, firm, or corporation, or association or combination of corporations, firms, or persons engaged in the business of gathering, accumulating, vending, supplying, and distributing news or information, to assist in the carrying on or conducting of such business when such person, firm, or corporation, or association of such persons, firms, or corporations, have refused to furnish news or information without discrimination in price, method of supply, or otherwise to any person, firm, or corporation conducting a newspaper in this state and desiring to be supplied with such information or news. (c) Any person, firm, or corporation violating this section, or aiding or abetting in the violation of this section, commits a Class C misdemeanor. Each violation constitutes a separate offense. History Acts 1899, ch. 286, §§ 1-3; Shan., §§ 3608a110-3608a112; Code 1932, §§ 6759-6761; T.C.A. (orig. ed.), §§ 69-113 — 69-115, 47-25-113 — 47-25-115; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-113. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-113. Restriction of patient or patient’s representative access to electronic health records prohibited — Penalties. (a) A business associate shall not enter into a contract with a person or entity that includes terms that restrict a patient or the patient's representative from accessing the patient's electronic health records. Any contract clause or provision that restricts a patient's access to the patient's electronic health records is void and unenforceable. (b) It is an unlawful restraint of trade or commerce for a person to intentionally violate federal laws regulating information blocking, as that term is defined in 45 CFR § 171.103, and such violations are subject to the same civil and criminal penalties as a violation of § 47-25-101. History Acts 2024, ch. 931, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-114. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 1 Trusts — Unlawful Restraint of Trade and Discrimination 47-25-115. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-201. Short title. This part may be cited as the “Unfair Sales Law.” History Acts 1937, ch. 69, § 6; C. Supp. 1950, § 6770.6 (Williams, § 6770.12); T.C.A. (orig. ed.), § 69-301. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-202. Part definitions. As used in this part, unless the context otherwise requires: (1) (A) “Cost to the retailer” means whichever is lower of the following: (i) The purchase price of the product or commodity to the retailer at the retail outlet when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the retailer; or (ii) The replacement cost of such product or commodity to the retailer at the time of sale in the quantity last purchased by the retailer; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment, and plus a mark-up amounting to not less than the minimum cost of distribution by the most efficient retailer, which mark-up, in the absence of proof to the contrary, shall be six percent (6%); (B) In all retail sales involving more than one (1) item or commodity, the retailer's price on individual items or commodities shall be computed on the “cost to the retailer” as herein defined; (C) “Cost to the retailer” in either of the above definitions includes as a part thereof any and all taxes and/or licenses levied against the item or items by the federal, state, county or municipal government; (D) “Cost to the retailer” must be bona fide cost, and sales to retailers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by retailers; (2) (A) “Cost to the wholesaler” means and includes whichever is lower of the following: (i) The purchase price of the product or commodity to the wholesaler when the invoice is dated not more than sixty (60) days prior to the sale of such product or commodity by the wholesaler; or (ii) The replacement cost of such product or commodity to the wholesaler at the time of sale in the quantity last purchased by the wholesaler; less any legitimate trade discounts, but exclusive of cash discounts for prompt payment; (B) In all wholesale sales involving more than one (1) item or commodity, the wholesaler's selling price on individual items or commodities shall be computed on the “cost to wholesaler,” as herein defined; (C) “Cost to the wholesaler” must be bona fide cost, and sales to wholesalers at prices which cannot be justified by existing market conditions within this state shall not be used as a basis for computing costs with respect to sales by wholesalers; (3) “Retailer” means and includes every person, partnership, firm, corporation or association engaged in the business of making sales at retail within this state; (4) “Sale at retail,” “sales at retail” or “retail sale” means and includes any transfer, made in the ordinary course of trade or in the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for use or consumption and for a valuable consideration. “Sale at retail,” “sales at retail” or “retail sale” mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later; (5) “Sale at wholesale,” “sales at wholesale” or “wholesale sales” means and includes any transfer, for a valuable consideration made in the ordinary course of trade or the usual prosecution of the seller's business, of title to tangible personal property to the purchaser for resale either in its original form or as processed or prepared for resale by hotels, cafes, or hospitals or other institutions. “Sale at wholesale,” “sales at wholesale” or “wholesale sales” mean any transfer of such property where title is retained as security for the purchase price but is intended to be transferred later; and (6) “Wholesaler” means and includes every person, partnership, firm, corporation, or association engaged in the business of making sales at wholesale within this state. History Acts 1937, ch. 69, § 1; 1941, ch. 85, § 1; C. Supp. 1950, § 6770.7; T.C.A. (orig. ed.), § 69-302. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-203. Legislative policy. It is declared that advertising, offers to sell, or sales by retailers or wholesalers at less than cost, as defined in this part, with the intent or effect of inducing the purchase of other merchandise or of unfairly diverting trade from a competitor or otherwise injuring a competitor, impair and prevent fair competition, injure public welfare, and are unfair competition and contrary to public policy, where the result of such advertising, offers, or sales is to tend to deceive or mislead any purchaser or prospective purchaser or to substantially lessen competition or unreasonably restrain trade or to tend to create a monopoly in any line of commerce. It is further declared that such advertising, offers, or sales by any retailer or wholesaler with such intent or effect or result are in contravention of the policy of this part. History Acts 1937, ch. 69, § 2; C. Supp. 1950, § 6770.8; T.C.A. (orig. ed.), § 69-303. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-204. Exemptions. This part does not apply to sales at retail or sales at wholesale made: (1) In an isolated transaction and not in the usual course of business; (2) Where merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such; (3) Where highly perishable merchandise must be promptly sold in order to forestall loss; (4) Of imperfect or actually damaged merchandise, or merchandise which is being discontinued, if advertised, marked, and sold as such; (5) Of merchandise sold upon the complete final liquidation of any business; (6) Of merchandise sold for charitable purposes or to unemployment relief agencies; (7) Of merchandise sold on contract to departments of government and governmental institutions; (8) In meeting the legal price of a competitor on merchandise which is the same as to comparable competitive factors, such as weight, quantity, quality, pack, brand, or packaging; or (9) By any officer acting under the order or direction of any court. History Acts 1937, ch. 69, § 5; C. Supp. 1950, § 6770.11; T.C.A. (orig. ed.), § 69-304. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-205. Sales below cost — Penalties — Evidence. (a) Any retailer who, in contravention of the policy of this part, advertises, offers to sell, or sells at retail any merchandise at less than cost to the retailer, as defined in this part, commits a Class C misdemeanor. (b) Any wholesaler who, in contravention of the policy of this part, advertises, offers to sell, or sells at wholesale any merchandise at less than cost to the wholesaler, as defined in this part, commits a Class C misdemeanor. (c) Proof of any such advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this part shall be prima facie evidence of a violation of this part. History Acts 1937, ch. 69, § 3; C. Supp. 1950, § 6770.9; T.C.A. (orig. ed.), § 69-305; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 2 Unfair Sales Law 47-25-206. Injunction restraining unlawful sales. In addition to the penalties provided in this part, the district attorney general of any county or any person damaged, or who is threatened with loss or damage, by reason of a violation of this part, has the right to apply for an injunction, and any court of competent jurisdiction has the power to restrain sales in violation of this part. History Acts 1937, ch. 69, § 4; C. Supp. 1950, § 6770.10; T.C.A. (orig. ed.), § 69-306. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-301. Short title. This part shall be known and may be cited as the “Unfair Retailer's Cigarette Sales Law.” History Acts 1949, ch. 68, § 1; C. Supp. 1950, § 6770.12 (Williams, § 6770.44); T.C.A. (orig. ed.), § 69-401; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-302. Part definitions. As used in this part, unless the context otherwise requires: (1) “Basic cost of cigarettes” means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price; (2) “Commissioner” means the commissioner of revenue; (3) “Cost of doing business by the retailer” is: (A) Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015; (B) Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016; (C) Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and (D) Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter; (4) “Cost to the retailer” means the “basic cost of cigarettes” to the retailer plus the “cost of doing business by the retailer”; (5) “Retailer” has the same meaning ascribed to the words “retail dealer” in § 67-4-1001; (6) “Sell at retail,” “sales at retail” or “retail sales” means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and (7) “Tobacco distributor” or “person” has the same meaning as ascribed in § 67-4-1001. History Acts 1949, ch. 68, § 3; C. Supp. 1950, § 6770.13 (Williams, § 6770.46); T.C.A. (orig. ed.), § 69-402; Acts 1985, ch. 179, § 1; 1998, ch. 768, § 1; 2015, ch. 347, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-303. Sales below cost — Evidence — Enforcement by department of revenue. (a) It is a Class C misdemeanor for any retailer, with intent to injure competitors or destroy substantially or lessen competition, to advertise, offer to sell, or sell at retail, cigarettes at less than cost to the retailer. (b) Evidence of advertisement, offering to sell or sale of cigarettes by any retailer at less than cost to the retailer shall be prima facie evidence of both a violation of the Unfair Retailer's Cigarette Sales Law, compiled in this part, and of intent to injure competitors or destroy substantially or lessen competition. (c) It is the intention of the general assembly that this part be enforced by the department of revenue. History Acts 1949, ch. 68, § 4; C. Supp. 1950, § 6770.14 (Williams, § 6770.47); T.C.A. (orig. ed.), § 69-403; Acts 1991, ch. 259, §§ 1, 2; 1997, ch. 258, § 1; 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-304. Liability of officers or agents. Any individual who, as a director, officer, partner, member, or agent of any person violating this part, assists or aids, directly or indirectly, in such violation, equally with the person for whom such individual acts, commits a Class C misdemeanor. History Acts 1949, ch. 68, § 6; C. Supp. 1950, § 6770.16 (Williams, § 6770.49); T.C.A. (orig. ed.), § 69-406; Acts 1989, ch. 591, § 113; T.C.A. (orig. ed.), § 47-25-306; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-305. Contracts in violation of part void. Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of this part is declared to be an illegal and void contract and no recovery thereon shall be had. History Acts 1949, ch. 68, § 9; C. Supp. 1950, § 6770.19 (Williams, § 6770.52); T.C.A. (orig. ed.), § 69-407; T.C.A. (orig. ed.), § 47-25-307; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-306. Injunction — Damages. (a) (1) Any person injured by any violation of this part, or any trade association which is representative of such a person, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation. (2) If, in such action, a violation of this part shall be established, the court shall enjoin and restrain or otherwise prohibit such violation and, in addition thereto, shall assess in favor of the plaintiff and against the defendant the costs of the suit. (3) In such action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in the action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the amount of actual damages sustained by the plaintiff. (b) In the event no injunctive relief is sought or required, any person injured by a violation of this part may maintain an action for damages alone in any court of general jurisdiction, and the measure of damages in such action shall be the same as prescribed in subsection (a). History Acts 1949, ch. 68, § 12; C. Supp. 1950, § 6770.22 (Williams, § 6770.55); T.C.A. (orig. ed.), § 69-409; T.C.A. (orig. ed.), § 47-25-309; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-307. Combined sales, coupon offers, etc. In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any concession of any kind whatsoever (whether coupons or otherwise), the retailer's selling price shall not be below the cost to the retailer of all articles, products, commodities, and concessions included in such transactions. History Acts 1949, ch. 68, § 13; C. Supp. 1950, § 6770.23 (Williams, § 6770.56); T.C.A. (orig. ed.), § 69-410; T.C.A. (orig. ed.), § 47-25-310; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-308. Enforcement — Penalties — Hearings. (a) The department of revenue, through the commissioner, shall administer and enforce this part. (b) (1) For an initial violation or noncompliance with any provision of this part by a retail dealer, a penalty shall be imposed not to exceed two hundred fifty dollars ($250); (2) For any second violation or noncompliance with any provision of this part by any person who has previously been found in violation of subdivision (b)(1), a penalty shall be imposed not to exceed five hundred dollars ($500); and (3) For any subsequent violation or violations or noncompliance with any provision of this part, by any person who has previously been found in violation of subdivision (b)(2), a penalty shall be imposed not to exceed one thousand dollars ($1,000). (c) Any person whose license is revoked or suspended under this section, and who continues to engage in the unauthorized sale, distribution or handling of cigarettes in this state, either directly or through any agent or third party acting on behalf of such person, shall be charged with an additional violation of this part and shall also be in violation of § 67-4-1015. (d) Any person who is adversely affected by a decision of the commissioner may petition the department of revenue for a hearing pursuant to § 67-1-105, which will be held in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (e) In enforcing this part, the commissioner shall consider the cost and effectiveness of administration and endeavor to administer this part in the most cost-efficient manner. History Acts 1949, ch. 68, § 14; C. Supp. 1950, § 6770.24 (Williams, § 6770.57); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 69-411; Acts 1985, ch. 179, § 3; 1986, ch. 940, § 2; 1988, ch. 958, § 1; 1991, ch. 259, § 3; T.C.A. (orig. ed.), § 47-25-311; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-309. Exemptions. This part does not apply to sales at retail made where cigarettes are: (1) Advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold; (2) Advertised, offered for sale, or sold as imperfect or damaged and the advertising, offer to sell, or sale shall state the reason thereof and the quantity of such cigarettes advertised, offered for sale, or to be sold; (3) Sold upon the complete final liquidation of a business; or (4) Advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court. History Acts 1949, ch. 68, §§ 7, 8; C. Supp. 1950, §§ 6770.17, 6770.18 (Williams, §§ 6770.50, 6770.51); T.C.A. (orig. ed.), §§ 69-412, 69-413, 47-25-312, 47-25-313; Acts 1985, ch. 179, § 4; T.C.A. (orig. ed.), § 47-25-312; Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-310. Participation by retailer in certain special programs. Participation in a manufacturer's incentive program, discount price program or special price program shall not cause a retailer to be in violation of this part. History Acts 1998, ch. 768, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-311. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-312. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 3 Unfair Cigarette Sales 47-25-313. [Transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-401. Part definitions. As used in this part, unless the context otherwise requires: (1) “Deceptive imitation” means any imitation calculated or likely to deceive purchasers exercising the care ordinarily exercised in buying; (2) “Drug” includes all preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of diseases of either humans or other animals; (3) “Misbranded” means a drug the container of which bears a counterfeit, copy, or deceptive imitation of any trademark; (4) “Owner” means the person having the right to the use of a trademark. A subsisting certificate of registration under the laws of this state or of the United States shall constitute prima facie evidence of ownership; (5) “Person” includes any individual, partnership, corporation, or association; and (6) “Trademark” includes any trade or identifying mark, term, design, device, label, slogan, dress, or other means by which the goods of any producer, manufacturer, packer, owner, or seller may be identified. History Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-513, 47-25-413. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-402. Liability of employer for acts of employees. In proceedings for the violation of this part, an act or omission of any individual acting for a partnership, corporation, or association, or the act or omission of an officer or employee of any partnership, corporation, or association within the scope of that person's office or employment, shall be deemed to be the act or omission of such partnership, corporation, or association, as well as of the individual. History Acts 1933, ch. 113, § 1; C. Supp. 1950, § 6594.1; T.C.A. (orig. ed.), §§ 69-514, 47-25-414. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-403. Prohibited acts. It is unlawful for any person without the written authority of the owner of a trademark for a drug to do or be concerned in the doing of any of the following acts: (1) Making or causing to be made, selling, possessing, or using commercially any counterfeit, copy, or deceptive imitation of such trademark or any package or label bearing or containing any such counterfeit, copy, or deceptive imitation; (2) Knowingly receiving, keeping or having in the person's possession or under the person's control, selling, offering for sale, or disposing of any drug bearing any counterfeit, copy, or deceptive imitation of such trademark or in any package or under any label bearing any such counterfeit, copy, or deceptive imitation; (3) Making or causing to be made or knowingly possessing, selling, disposing of, delivering, or offering to deliver to any person a die, plate, block, stone, type-face, matrix, or other means of printing, lithographing, or otherwise making a counterfeit, copy, or deceptive imitation of such trademark; or (4) Knowingly misrepresenting orally or by advertisement or artifice the manufacture or origin or commercial sponsorship of any drug sold, offered, or exposed for sale. History Acts 1933, ch. 113, § 2; C. Supp. 1950, § 6594.2; T.C.A. (orig. ed.), §§ 69-515, 47-25-415. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-404. Prosecution — Fees of officers. It is made the duty of the sheriff of any county of this state or health officers, peace officers, inspectors, or boards of pharmacy and other officers to assist and cooperate with the prosecuting attorney in the investigation of any violation of this part, including the procurement of evidence for the support of the prosecution, which may be instituted by the prosecuting attorney, and for such services the sheriff or other officer shall be allowed and paid the same fees for travel and sustenance as are usually allowed in other criminal proceedings. History Acts 1933, ch. 113, § 4; C. Supp. 1950, § 6594.4; T.C.A. (orig. ed.), §§ 69-516, 47-25-416. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-405. Penalty. Any person violating any of the provisions of this part commits a Class C misdemeanor. History Acts 1933, ch. 113, § 3; C. Supp. 1950, § 6594.3; T.C.A. (orig. ed.), §§ 69-517, 47-25-417; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-406. Remedies cumulative. The remedies provided in this part are cumulative and not alternative. History Acts 1933, ch. 113, § 6; C. Supp. 1950, § 6594.5 (Williams, § 6594.6); T.C.A. (orig. ed.), §§ 69-518, 47-25-418. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-407. Legal and equitable remedies unimpaired. Nothing in this part shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trademark might have had if this part had not been passed. History Acts 1933, ch. 113, § 7; C. Supp. 1950, § 6594.6 (Williams, § 6594.7); T.C.A. (orig. ed.), §§ 69-519, 47-25-419. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-408. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-409. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-410. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-411. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-412. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-413. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-414. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-415. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-416. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-417. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-418. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-419. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-420. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 4 Trademarks on Drugs 47-25-421. [Repealed or transferred] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-501. Part definitions. As used in this part, unless the context otherwise requires: (1) A mark shall be deemed to be “abandoned” when either of the following occurs: (A) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Non-use for two (2) consecutive years shall constitute prima facie evidence of abandonment; or (B) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. (2) “Applicant” embraces the person filing an application for registration of a mark under this part, and the legal representatives, successors, or assigns of such person; (3) “Dilution” means the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of: (A) Competition between the owner of the famous mark and other parties; or (B) Likelihood of confusion, mistake, or deception; (4) “Mark” includes any trademark or service mark, entitled to registration under this part whether registered or not; (5) “Person” and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under this part includes a juristic person as well as a natural person. “Juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law; (6) “Registrant” embraces the person to whom the registration of a mark under this part is issued, and the legal representatives, successors, or assigns of such person; (7) “Secretary” means the secretary of state or the designee of the secretary charged with the administration of this part; (8) “Service mark” means any word, name, symbol, or device or any combination thereof used by a person, to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor; (9) “Trade name” means any name used by a person to identify a business or vocation of such person; and (10) “Trademark” means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown; (11) “Use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this part, a mark shall be deemed to be in use: (A) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and (B) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state. History Acts 1982, ch. 698, § 2; T.C.A., §§ 69-530, 47-25-422; Acts 1998, ch. 776, § 1; 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-502. Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; (3) Consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; (4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except with that individual's written consent; (5) Consists of a mark which: (A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily merely a surname; provided, that nothing in this subdivision (5) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or (6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake or deception. History Acts 1982, ch. 698, § 3; T.C.A., §§ 69-531, 47-25-423; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-503. Application for registration. (a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary; (2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall; (3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and (4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive. (b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor. (c) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application. (d) The application shall be signed and verified (by oath, affirmation or declaration subject to perjury laws) by the applicant or by a member of the firm or an officer of the corporation or association applying. (e) The application shall be accompanied by one (1) specimen showing the mark as actually used and shall be accompanied by the application fee payable to the secretary. History Acts 1982, ch. 698, § 4; T.C.A., §§ 69-532, 47-25-424; Acts 2000, ch. 671, § 1; 2013, ch. 123, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-504. Filing of applications. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this part. (b) The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection. (c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services. (d) Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant's agreement; or a fresh application may be required to be submitted. (e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (1) The secretary finally refuses registration of the mark; or (2) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned. (f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration. (g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with § 47-25-509. History Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-505. Certificate of registration. (a) (1) Upon compliance by the applicant with the requirements of this part, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. (2) The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and it shall show: (A) The name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark; (B) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state; (C) The class of goods or services and a description of the goods or services on or in connection with which the mark is used; (D) A reproduction of the mark; and (E) The registration date and the term of the registration. (b) Any certificate of registration issued by the secretary under this section or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state. History Acts 1982, ch. 698, § 5; T.C.A., §§ 69-533, 47-25-425, 47-25-504; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-506. Duration and renewal. (a) A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration. (b) A registration may be renewed for successive periods of five (5) years in like manner. Any registration in force on June 4, 2000, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration. (c) All applications for renewal under this part, whether of registrations made under this part or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services. History Acts 1982, ch. 698, § 6; T.C.A., §§ 69-534, 47-25-426, 47-25-505; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-507. Assignments, changes of name and other instruments. (a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three (3) months after the date thereof or prior to such subsequent purchase. (b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate of registration for the remainder of the term of the registration or last renewal thereof. (c) Other instruments which relate to a mark registered or application pending pursuant to this part, including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the secretary; provided, that such instrument is in writing and duly executed. (d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution. (e) A photocopy of any instrument referred to in subsection (a), (b) or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original. History Acts 1982, ch. 698, § 7; T.C.A., §§ 69-535, 47-25-427, 47-25-506; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-508. Records. The secretary shall keep for public examination a record of all marks registered or renewed under this part, as well as a record of all documents recorded pursuant to § 47-25-507. History Acts 1982, ch. 698, § 8; T.C.A., §§ 69-536, 47-25-428, 47-25-507; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-509. Cancellation. The secretary shall cancel from the register, in whole or in part: (1) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under this part and not renewed in accordance with this part; (3) Any registration concerning which a court of competent jurisdiction finds that: (A) The registered mark has been abandoned; (B) The registrant is not the owner of the mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; (E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or (F) The registered mark is so similar to a mark registered by another person in the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant hereunder, and which has not been abandoned, as to be likely to cause confusion, mistake or deception; provided, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled for such area of the state; or (4) When a court of competent jurisdiction shall order cancellation of a registration on any ground. History Acts 1982, ch. 698, § 9; T.C.A., §§ 69-537, 47-25-429, 47-25-508; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-510. Classification. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office. History Acts 1982, ch. 698, § 10; T.C.A., §§ 69-538, 47-25-430, 47-25-509; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-511. Fraudulent registration. Any person who, for the person's own benefit, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under this part by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. History Acts 1982, ch. 698, § 11; T.C.A., §§ 69-539, 47-25-431, 47-25-510; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-512. Infringement. Subject to § 47-25-516, any person who does the following is liable in a civil action by the registrant for any and all of the remedies provided in § 47-25-514, except that under subdivision (2), the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion, mistake, or deception: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, mistake or deception as to the source of origin of such goods or services; (2) Reproduces, counterfeits, copies, or colorably imitates any such mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; (3) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products, unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation: (A) The name, address and telephone number of the person making the solicitation; (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; (4) Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (4) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (4): (A) “Domain” means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org; (B) “Place of entertainment” means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held; (C) “Ticket” means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and (D) “Ticket marketplace” means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket; or (5) Uses or displays any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization. For purposes of this subdivision (5): (A) “Operator” means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that: (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and (B) “Place of entertainment” means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held. History Acts 1982, ch. 698, § 12; T.C.A., §§ 69-540, 47-25-432, 47-25-511; Acts 2000, ch. 671, § 1; 2003, ch. 31, § 5; 2011, ch. 89, § 4; 2018, ch. 930, § 3; 2023, ch. 474, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-513. Determining if mark is distinctive and famous — Remedies. (a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors including, but not limited to: (1) The degree of inherent or acquired distinctiveness of the mark in this state; (2) The duration and extent of use of the mark in connection with the goods and services with which the mark is used; (3) The duration and extent of advertising and publicity of the mark in this state; (4) The geographical extent of the trading area in which the mark is used; (5) The channels of trade for the goods or services with which the mark is used; (6) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (7) The nature and extent of use of the same or similar mark by third parties; and (8) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register. (b) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity. (c) The following shall not be actionable under this section: (1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) Noncommercial use of the mark; or (3) All forms of news reporting and news commentary. History Acts 1982, ch. 698, § 13; T.C.A., §§ 69-541, 47-25-433, 47-25-512; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-514. Remedies — Penalties for violations. (a) Any owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as such court may deem just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and/or reasonable attorneys' fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. (b) The enumeration of any right or remedy in this part shall not affect a registrant's right to prosecute under any penal law of this state. History Acts 1982, ch. 698, § 14; T.C.A., §§ 69-542, 47-25-434; Acts 1989, ch. 591, §§ 1, 6; T.C.A., § 47-25-513; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-515. Forum for actions regarding registration — Service on nonresident registrants. (a) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part shall be brought in the circuit court of Davidson County. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action. (b) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Tennessee law. History Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-516. Common law rights. Nothing in this part shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. History Acts 1982, ch. 698, § 15; T.C.A., §§ 69-543, 47-25-435, 47-25-514; Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-517. Fees. The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable under this part are not refundable. History Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 5 Tennessee Trademark Act of 2000 47-25-518. Intent of act. The intent of this part is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this part. History Acts 2000, ch. 671, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-601. Short title. This part shall be known and may be cited as the “Petroleum Trade Practices Act.” History Acts 1975, ch. 232, § 1; T.C.A., § 69-701. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-602. Part definitions. As used in this part, unless the context otherwise requires: (1) “Cost to the retailer” means the sum of: (A) The lower of: (i) The purchase price of petroleum distillates to the retailer, less all trade discounts, allowances, or rebates actually granted to the retailer; or (ii) The replacement cost of petroleum distillates at the time of retail sale in the quantity last purchased by the retailer; (B) The cost of transportation of petroleum distillates from the point of purchase by the retailer to the retail location; (C) All applicable federal, state, or local motor fuel or sales taxes not already included in the purchase price to the retailer; and (D) The reasonable cost of overhead for petroleum distillates at that location; (2) “Dealer” means any person, firm, corporation, or partnership engaged in the sale of petroleum products to the public at retail; (3) “Distributor” means any person, firm, partnership, or corporation engaged in the sale of petroleum or related products at wholesale to dealers; (4) “Exempt” means those sales at retail exempt by § 47-25-204; (5) (A) “Franchise” means a contract or agreement between a dealer and a distributor or producer of petroleum products or other related products which grants to the dealer the right and authority to sell or use in connection with the sale of petroleum products, motor fuel, or related products, such as tires, batteries, etc., a petroleum trademark, trade name, service mark, or other identifying symbol or name. (B) “Franchise” includes a contract or agreement under which such dealer is granted authority to occupy premises owned, leased, or in any way controlled by a producer or distributor, which premises are to be employed for the sale or distribution of petroleum or related products under the producer or distributor's petroleum trademark, trade name, service mark, or other identifying symbol or name which is controlled by the distributor or producer. (C) “Franchise” does not include contracts and agreements with persons employed directly by a producer or distributor of petroleum and related products to manage, operate, run, or administer the retail sale of such products to the consuming public on premises owned or leased by the producer or distributor; (6) “Petroleum or related products” means all petroleum distillates including, but not limited to, gasoline, motor fuels, and lubricants and those products generally sold at retail outlets in connection with such petroleum products under a trademark, trade name, or symbol including, but not limited to, tires, batteries, and other motor vehicle accessories. Each separate grade or blend of a petroleum distillate shall be considered an individual item, product, and commodity; (7) “Producer” means any person, firm, partnership or corporation engaged in the drilling, pumping, importing, refining, or wholesaling of petroleum and related products under a trademark, trade name, service mark, or other identifying symbol or name whether or not such organization distributes such products to dealers; (8) “Retailer” means a dealer, as defined in this section; (9) “Sale at retail,” “sales at retail” or “retail sale” means sale at retail, sales at retail, or retail sale, as defined in § 47-25-202; (10) “Vertical integration” means the ownership or control of all phases of the production of petroleum products including the drilling, pumping, refining, distribution, and resale of such petroleum products by a person, firm, partnership or corporation or from the well to the gasoline pump; and (11) “Vertically integrated producer” means a producer controlling all phases of petroleum production and sale from the well through distribution to dealers as defined herein. History Acts 1975, ch. 232, § 1; T.C.A., § 69-702; Acts 1988, ch. 1033, §§ 1, 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-603. Purpose. (a) The purpose of this part is to regulate vertical integration of the petroleum industry in Tennessee, it being the conclusion of the general assembly hereby expressed that vertical integration tends to operate in restraint of free trade and inhibits full and free competition and, therefore, tends to increase the price of petroleum and related products and services as prohibited under part 1 of this chapter. (b) Independent and small dealers and distributors of petroleum and related products are vital to a healthy, competitive marketplace, but are unable to survive subsidized below-cost pricing at the retail level by others who have other sources of income. Below-cost selling laws have been effective in preserving independent and small retailers and wholesalers in other trades and businesses from subsidized pricing. Subsidized pricing is inherently unfair and destructive to, and reduces competition in, the motor fuel marketing industry, and is a form of predatory pricing. An additional purpose of this part is to prevent and eliminate subsidized pricing of petroleum and related products. History Acts 1975, ch. 232, § 1; T.C.A., § 69-703; Acts 1988, ch. 1033, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-604. Termination of franchise agreement — Notice — Permissible causes. (a) (1) Any vertically integrated producer engaged in a franchise agreement with a dealer shall give sixty (60) days' notice to such dealer prior to termination or nonrenewal of such franchise agreement. (2) Such notice shall state the date of issuance and termination and the cause for such termination. (3) The notice provided for in this section shall not be required in emergencies where franchise agreement termination is for cause and the notice requirement would place an unreasonable burden on the vertically integrated producer. (b) Permissible causes may include, but are not limited to: (1) Substantial breach of the franchise agreement by the dealer; (2) Occurrences rendering performance of the franchise agreement impossible, such as the death of either party or the destruction of the retail petroleum outlet premises; (3) Mutual agreement of the parties; and (4) Bankruptcy of either party. History Acts 1975, ch. 232, § 1; T.C.A., § 69-704. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-605. Improper franchise termination — Presumption — Damages. (a) Any vertically integrated producer who: (1) Terminates, fails to renew, or in any manner attempts to cause the cancellation of a franchise agreement with a dealer through the use of price or service discrimination, the imposition of unreasonable hours of operation requirements, or products allocation discrimination, or otherwise attempts to effectuate the termination of a franchise agreement for reasons other than those permitted in § 47-25-604; (2) Has operated under a franchise with such vertically integrated producer for one (1) year or more; and (3) Upon the termination of the franchise agreement, converts the premises into a producer operated facility within two (2) years after the franchise agreement is terminated; shall be presumed to engage in operations, arrangements, or agreements which tend to lessen full and free competition and enhance vertical integration in violation of public policy and this part and in violation of part 1 of this chapter. (b) Any corporation adjudicated to be in violation of this section shall be liable for the damages and penalties set forth in part 1 of this chapter. (c) Presumptions arising under the operation of this section are rebuttable and may be overcome by clear and convincing evidence to the contrary. History Acts 1975, ch. 232, § 1; T.C.A., § 69-705. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-606. Injunction — Damages. Any court of competent jurisdiction hearing a cause of action based on a violation of this part may, in lieu of the damages and penalties set forth in part 1 of this chapter, enjoin franchise termination or award damages to the aggrieved dealer or the dealer's legal representative in an amount which is three (3) times the value of the franchise agreement and the reasonable value of the dealer's good will lost as a consequence of the franchise termination combined, plus punitive damages where warranted. History Acts 1975, ch. 232, § 1; T.C.A., § 69-706. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-607. Action by dealer. Any dealer aggrieved by violations of this part, or such dealer's legal representative, may bring suit in any court of competent jurisdiction and receive injunctive relief or damages as set forth in this part. History Acts 1975, ch. 232, § 1; T.C.A., § 69-707. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-608 — 47-25-610. [Reserved.] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-611. Sales below cost to retailer. (a) (1) No dealer shall make, or offer or advertise to make, sales at retail at below cost to the retailer, where the effect is to injure or destroy competition or substantially lessen competition, unless such sales at retail are exempt under § 47-25-204. (2) No dealer shall limit, restrict, condition, or refuse to make sales at retail of petroleum distillates stored at the retail outlet in one hundred (100) gallon or larger containers to another dealer or a distributor at the same or lower price as offered or advertised to the public if such petroleum distillates are offered, advertised, or sold to the public at below cost to the retailer. (3) The burden of proving an exemption from this subsection (a) shall be upon the dealer claiming its sales are exempt. (b) No vertically integrated producer may sell or transfer a petroleum distillate to its own retail outlet at a price which is less than the price at which that petroleum distillate is offered for sale by the vertically integrated producer to a dealer operating in the same class of trade and within the same competitive area as the retail outlet of the vertically integrated producer. Such sales at retail under this subsection (b) by a vertically integrated producer shall be made in accordance with all other provisions of this section. (c) Any dealer who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each day during which the act or omission continues or occurs. (d) (1) Any person having an interest which is or may be adversely affected by a violation or threatened violation of subsection (a) may commence a civil action on such person's own behalf against any dealer who is alleged to be in violation of this section, to recover actual and special damages, for payment of civil penalties, and to enjoin the dealer who has violated, is violating or who is otherwise likely to violate this section. No person whose sales were exempt or who acted in good faith believing such sales were exempt shall be denied injunctive relief, if appropriate. (2) No action may be commenced under subdivision (d)(1) prior to ten (10) days after the plaintiff has given notice by certified mail of the alleged violation to any alleged violator and to the attorney general and reporter. (3) The action may be brought in a court of competent jurisdiction in the county where the alleged or threatened violation of this section took place, is taking place, or is about to take place, or in the county in which such dealer resides, has a principal place of business, or can be found. (4) If the court finds that the violations of subsection (a) were willful or knowing violations, the court may award three (3) times the actual damage sustained and may provide such other relief as it considers necessary and proper. It shall be presumed that retail sales below cost to the retailer by a dealer after the dealer has received the notice required in subdivision (d)(2) are willful and knowing. (5) Upon a finding by the court that this section has been violated, the court may award to the person bringing such action reasonable attorney's fees and costs. (e) The attorney general and reporter may bring an action in the name of the state in a court as described in subsection (d), for appropriate relief, including civil penalties, temporary restraining order, temporary injunction, or permanent injunction, against any dealer who has violated, is violating, or who is otherwise likely to violate this section. (f) Any court of competent jurisdiction shall have power to restrain violations of this section, to award appropriate damages, and to apply any appropriate civil penalties under subsection (c). (g) This section is remedial legislation and shall be liberally construed to promote its purposes. The powers and remedies in this section shall be cumulative and supplementary to all other powers and remedies otherwise provided by law. (h) Nothing in this section shall prohibit a dealer from making, or offering or advertising to make, sales at retail which are made in good faith to compete with the equally low or lower retail price of a competitor. Such sales at retail under this subsection (h) by a vertically integrated producer shall be made in accordance with subsection (b). (i) Nothing contained within this section shall be construed to regulate the price of petroleum distillates purchased from a producer or a distributor: (1) By a person solely for use in agricultural production activities on the farm of such person; (2) By an employer for the business use of employees; (3) By any common carrier regulated by the Tennessee public utility commission, the department of safety and/or the department of transportation; (4) By a person for industrial and commercial purposes which do not include the sale of petroleum distillates to the public; or (5) For any other commercial transactions. History Acts 1988, ch. 1033, §§ 4, 6, 8; 1995, ch. 305, § 105; 2017, ch. 94, § 41. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade Practices 47-25-612 — 47-25-620. [Reserved.] TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-621. Creation of franchise — Franchisor's duty of disclosure. A franchisor shall disclose in writing to any prospective franchisee, upon request of franchisee, the following information, before any agreement is concluded: (1) The gallonage volume history, if any, of the location under negotiation for and during the three-year period immediately past or for the entire period during which the location has been supplied by the supplier, whichever is shorter; (2) Projections of gallonage consumption, if any, which were used by the franchisor in making a decision to invest in the location under negotiation; (3) The name and last known address of the previous dealers for the last three (3) years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter; (4) Any legally binding commitments for the sale, demolition, or other disposition of the location in effect prior to the termination date of the agreement; (5) The training programs, if any, and the specific goods and services the supplier will provide with or without cost to the dealer; (6) Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries, or any other company or any advertising and promotional items that the dealer must accept; and (7) Full disclosure of all restrictions on the sale, transfer, renewal, and termination of the agreement. History Acts 1977, ch. 422, § 2(A); T.C.A., § 69-721. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-622. Creation of franchise — Mandatory conditions. (a) Every franchise agreement as defined herein shall be subject to the nonwaivable provisions set forth in this section, whether or not they are expressly set forth in the agreement. (b) (1) No agreement shall contain any provision which in any way limits the right of either party to trial by jury, the interposition of counter-claims or cross-claims. (2) The price at which a franchisee sells products shall not be fixed or maintained by a franchisor, nor shall any person seek to do so, nor shall the price of products be subject to enforcement or coercion by any person in any manner. Each agreement shall have the legend, “Nothing herein shall be construed to prohibit a franchisor from suggesting prices and counseling with franchisees concerning prices. Price fixing or mandatory prices for any products covered in this agreement are prohibited. A service station dealer or wholesale distributor may sell any products listed in this agreement for a price which such dealer or distributor alone may decide.” (3) The franchisee may assign the franchise agreement, upon such price and upon such financial terms as the franchisee and the assignee may agree; provided, that the franchisor consents to such assignment, which consent shall not be unreasonably withheld; and provided further, that franchisor must have good cause to withhold such consent. (A) For the purposes of this section, “good cause” includes, but is not limited to: (i) Inexperience or lack of qualifications on the part of the assignee; (ii) Poor credit rating of assignee; (iii) Inadequate financial resources necessary for the initial investment, the analysis of which shall take into consideration any sums the assignee has agreed to pay the franchisee; (iv) Criminal record of the assignee; and (v) The franchisor, for valid business reasons, chooses to eliminate a service station operation at the franchisee's location at the conclusion of the business relationship between franchisor and franchisee. (B) The franchisee may not exercise the right of assignment after having been duly notified of termination or nonrenewal of the franchise agreement for cause as described in the federal Petroleum Marketing Practices Act. (4) In the event of the death of the franchisee, the surviving spouse or adult children of such franchisee will have first right of refusal to become the new franchisee; provided, that the franchisor consents, which consent shall not be unreasonably withheld; and provided further, that the franchisor must have good cause to withhold such consent. For the purposes of this section, “good cause” as described in subdivision (b)(3) is applicable. (5) If the franchise agreement requires the franchisee to provide a cash deposit in advance for the use of the service station or delivery of fuel, except as advance payment in whole or in part for product ordered, such deposit shall be held by the franchisor, may be used by the franchisor in the franchisor's business, and shall be retained for the term of the agreement unless it is sooner terminated. Interest at a rate of at least six percent (6%) shall be paid to the franchisee at least annually unless agreed otherwise. Within ninety (90) days after the termination of the agreement, the deposit shall be returned, together with any unpaid interest on such deposit, at the rate of at least six percent (6%) per year. The franchisor may deduct from the amount to be returned any amount owed the franchisor by the franchisee at the time of settlement. History Acts 1977, ch. 422, § 2(B); 1979, ch. 260, §§ 1, 2; T.C.A., § 69-722. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-623. Unfair practices generally. (a) (1) It is unlawful for any refiner, distributor, or producer of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in prices between purchasers for petroleum products of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such petroleum products are sold for use, consumption, or resale within the state of Tennessee, and where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them; provided, that nothing in this section shall prevent: (A) Differentials which make only due allowances for differences in the cost of manufacture, sale, or delivery resulting from the differing methods or quantities in which such petroleum products are to such purchasers sold or delivered; (B) Dealers engaged in selling petroleum products in commerce within the state of Tennessee from selecting their own customers in bona fide transactions and not in restraint of trade; (C) Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the petroleum products concerned, including, but not limited to, distress sales under court process, or sales in good faith in discontinuance of businesses in the goods concerned; and (D) A franchisor, distributor, or producer of petroleum products from lowering its price for petroleum products to any purchaser or purchasers when such lower price was made in good faith to meet an equally low price of a competitor. (2) It is unlawful for any refiner, distributor, or producer of petroleum products to refuse to make available, upon written request of any dealer who has a franchise agreement with the refiner, distributor, or producer, a schedule of dealer tank wagon prices then charged dealers of the refiner, distributor, or producer for motor gasoline sold within the state of Tennessee. (b) A violation of this section is a Class C misdemeanor. (c) Nothing in this section shall apply to the purchase of petroleum products for their own use by state and local agencies. History Acts 1977, ch. 422, § 3; T.C.A., § 69-723; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-624. Dealer trade associations. No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing that dealer from joining any trade association made up of dealers. History Acts 1977, ch. 422, § 4; T.C.A., § 69-724. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-625. Credit sales of gasohol, etc. No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuels containing alcohol equal to at least ten percent (10%) of total volume. History Acts 1980, ch. 603, § 1; T.C.A., § 69-725. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 6 Petroleum Trade PracticesFranchised Dealers and Distributors 47-25-626. Supplying of gasohol, etc. (a) No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least ten percent (10%) of total volume. (b) Any such distributor or wholesale dealer who prohibits or restricts or attempts to prohibit or restrict a supplied retail dealer shall be subject to a fine of fifty dollars ($50.00) per day per retail dealer upon conviction of such offense. History Acts 1980, ch. 603, § 1; T.C.A., § 69-726. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 7 Motion Picture Fair Competition 47-25-701. Short title. This part shall be known as the “Tennessee Motion Picture Fair Competition Act.” History Acts 1979, ch. 119, § 2; T.C.A., § 69-801. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 7 Motion Picture Fair Competition 47-25-702. Part definitions. As used in this part, unless the context otherwise requires: (1) “Bid” means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture; (2) “Blind bidding” means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture; (3) “Distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing; (4) “Exhibit” or “exhibition” means showing a motion picture to the public for a charge; (5) “Exhibitor” means any person engaged in the business of operating one (1) or more theatres; (6) “Invitation to bid” means a written or oral solicitation or invitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture; (7) “License agreement” means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor; (8) “Person” includes one (1) or more individuals, partnerships, associations, societies, trusts, organizations, or corporations; (9) “Run” means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. “First run” is the first exhibition of a picture in the designated area; “second run” is the second exhibition; and “subsequent runs” are subsequent exhibitions after the second run. “Exclusive run” is any run limited to a single theatre in a defined geographic area, and a “nonexclusive run” is any run in more than one (1) theatre in a defined geographic area; (10) “Theatre” means any establishment in which motion pictures are exhibited to the public regularly for a charge; and (11) “Trade screening” means the showing of a motion picture by a distributor at the location of the film exchange(s) that distributes the distributor's picture(s) in Tennessee, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. History Acts 1979, ch. 119, § 3; T.C.A., § 69-802. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 7 Motion Picture Fair Competition 47-25-703. Blind bidding. (a) Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, has otherwise been made available for viewing within Tennessee by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture. (b) A distributor shall provide reasonable and uniform notice of the trade screening or availability for viewing within Tennessee of any motion picture to those exhibitors within Tennessee, from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit that motion picture. (c) Any purported waiver of the prohibition against blind bidding in this part shall be void and unenforceable. History Acts 1979, ch. 119, § 4; T.C.A., § 69-803. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 7 Motion Picture Fair Competition 47-25-704. Enforcement. In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy. History Acts 1979, ch. 119, § 5; T.C.A., § 69-804. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-801. Short title. This part shall be known and may be cited as the “Tennessee Coupon Sales Promotion Act of 1980.” History Acts 1980, ch. 718, § 1; T.C.A., § 69-901. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-802. Part definitions. As used in this part, except where the context otherwise requires: (1) “Coupon” means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or procure goods or services at a reduced price or free of charge upon presentation thereof to the seller or supplier of such goods or services. “Coupon” includes “coupon book.” “Coupon” does not include: (A) Coupons sold or offered for sale directly by the coupon sponsor where all proceeds from the sale are returned to the sponsor; (B) Coupons redeemable only for motor vehicle parking or urban mass transit privileges; (C) Coupons published by or distributed through newspapers or other periodicals, in advertisements other than their own; (D) Coupons within, attached to, or a part of any package or container as packed by the original manufacturer and which are redeemed by such manufacturer; (E) Trading stamps; and (F) Cents-off or free coupons authorized by the original manufacturer or retailer and distributed in any fashion; (2) “Coupon book” means a group of two (2) or more coupons sold, offered for sale, or otherwise distributed as a single unit; (3) “Person” means any individual, partnership, firm, corporation, association, or other business organization or entity, including charitable or nonprofit organizations and their officers and employees; (4) “Promoter” means any person, and any agent or representative of such person, engaged in the sale or offering or solicitation for sale of coupons; and (5) “Sponsor” means any person represented as being obligated to provide goods, services, or discount privileges to the purchaser or holder of a coupon. History Acts 1980, ch. 718, § 2; T.C.A., § 69-902. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-803. Agreement between promoter and sponsor — Terms and conditions. (a) No promoter shall sell, offer for sale, or otherwise publish or distribute any coupon without a prior contract or agreement in writing with the coupon sponsor. A copy of such contract shall be furnished to the sponsor at the time of its execution, and shall set forth all terms and conditions under which coupons obligating the sponsor may be published, distributed, or sold and include the following: (1) A specific description, exactly as it is to appear on the coupon, of: (A) The goods, services, or discount privileges which the sponsor will provide in exchange for each coupon presented for redemption; (B) The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor; (C) The expiration date of the coupon; and (D) All purchases required of a coupon holder as a condition of redemption and any other restrictions or limitations imposed on the redemption of the coupons by the sponsor; (2) The maximum number of coupons which may be printed, issued, distributed, or sold by the promoter; (3) The beginning and ending dates of the promotion, before and after which no coupons may be sold or distributed; (4) The amount or percentage of funds, if any, to be returned to the sponsor from the sale of coupons; (5) The personal and business name and address of the promoter executing the contract. Nonresidents shall include their permanent address in their state of residence; and (6) A statement that the coupon sales promotion is regulated by the “Tennessee Coupon Sales Promotion Act.” (b) The promoter shall not represent, either directly or by implication, that the number of coupons presented to the sponsor for redemption will be less than the total number of coupons printed, sold, or distributed, or make any promises or representation inconsistent with or contrary to the terms of the written contract between the promoter and sponsor. History Acts 1980, ch. 718, § 3; T.C.A., § 69-903. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-804. Information required on coupon. (a) Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and the sponsor of: (1) The goods, services, or discount privileges which the sponsor will provide in exchange for the coupon; (2) The hours during each day and the days during each week when the coupon will be accepted for redemption by the sponsor; (3) The expiration date of the coupon; and (4) All purchases required of the coupon holder as a condition of redemption and any other restrictions and limitations imposed on the redemption of the coupons by the sponsor. (b) Every coupon book, and every coupon sold or distributed individually, shall contain on its face: (1) The name and permanent business address of the promoter; and (2) The following statement in bold face or other conspicuous type or lettering: “REDEMPTION MAY BE SUBJECT TO CERTAIN CONDITIONS AND LIMITATIONS WHICH MUST BE STATED ON THE COUPON. YOU ARE ENTITLED TO INSPECT EACH COUPON BEFORE PURCHASE.” History Acts 1980, ch. 718, § 4; T.C.A., § 69-904. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-805. Coupons — Restrictions on number, distribution, and terms. (a) The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor. (b) No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement between the promoter and the sponsor, or obligate the sponsor to provide goods, services, or discount privileges other than those specified in the agreement. (c) No individual coupon shall be redeemable at more than one (1) place of business, unless all places of business at which it is redeemable are owned or operated by the same sponsor. (d) No coupon may be sold, offered for sale, or otherwise distributed prior to the promotion beginning date or after the promotion ending date specified in the contract between the promoter and sponsor. History Acts 1980, ch. 718, § 5; T.C.A., § 69-905. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-806. Promoter to provide sponsor with distribution information and proceeds. Within ten (10) days after the promotion ending date or ten (10) days after all coupons have been sold or otherwise distributed, whichever occurs first, the promoter shall inform the sponsor in writing of the total number of coupons sold or distributed, and remit all funds owed to the sponsor from coupon sales under the terms of their agreement. History Acts 1980, ch. 718, § 6; T.C.A., § 69-906. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-807. Agreements authorizing promotional use of name or mark — Liability of persons authorizing use. (a) All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person. (b) Such agreements shall conspicuously disclose that persons agreeing to the use of their name, trade name, or trademark by the promoter may be held jointly accountable with the promoter for any violation of this part or other applicable laws. History Acts 1980, ch. 718, § 7; T.C.A., § 69-907. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-808. Promoters — Prohibited acts. (a) No promoter shall misrepresent directly or by implication: (1) That any person is sponsoring, endorsing, or participating in the sale of any coupon; (2) That the promoter is an employee or agent of any person sponsoring, endorsing, or participating in the sale of any coupon or coupon book; (3) That the coupon is not sold for profit or that the price charged for a coupon is solely or primarily to cover actual costs incurred by the promoter in the printing, distribution, or sale of the coupon; or (4) The name, address, or identity of the promoter or of the person or organization whom the promoter represents. (b) No promoter shall represent, directly or by implication, that: (1) Proceeds from the sale of any coupon will be donated to any charity, civic or religious group, or other nonprofit organization, unless such representation is true, and the amount to be donated is disclosed; (2) An offer is being made to specially selected persons or that the buyer or prospective buyer has been specially selected, unless such representation is true and the specific basis on which such representation is made is concurrently disclosed to the prospective buyer; or (3) A survey, test, contest, or research project is being conducted, when in fact the principal objective is to sell coupons or coupon books or to obtain prospects for coupon sales. (c) No promoter shall: (1) Sell, offer to sell, or otherwise distribute any coupon in violation of any provisions of this part; (2) Make any representation inconsistent with or contrary to the terms and conditions contained in any coupon or in the agreement between the promoter and sponsor; (3) Advertise or otherwise represent that a coupon has a stated monetary value or will enable the purchaser or holder to save a stated amount of money, without disclosing in connection with such advertisement the total amount which must be paid by the purchaser or holder for the coupon and the total amount of all purchases which must be made by the purchaser or holder as a condition of redemption of the coupon; or (4) Use the name, trade name, or trademark of any person to aid in the sale or promotion of the sale of coupons unless the promoter has entered into a written agreement with the person whose name, trade name, or trademark is being used as required under this part. History Acts 1980, ch. 718, § 8; T.C.A., § 69-908. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-809. Violations — Misdemeanors. A violation of this part is a Class C misdemeanor. History Acts 1980, ch. 718, § 9; T.C.A., § 69-909; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 8 Coupon Sales Promotions 47-25-810. Civil remedies. Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of competent jurisdiction in the county where the alleged practice took place, or is taking place, or in the county where the defendant resides, has principal place of business, conducts, transacts, or has transacted business, or if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. History Acts 1980, ch. 718, § 10; T.C.A., § 69-910. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-901. Short title. This part shall be known as the “Unfair Trade Practice and Advertising Act.” History Acts 1957, ch. 410, § 1; T.C.A., §§ 69-601, 47-25-501. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-902. Part definitions. As used in this part, unless the context otherwise requires: (1) “Household furniture, appliances, and floor coverings” means such furniture, appliances, and floor coverings as are used in dwelling houses; (2) “Person” means any individual, firm, partnership, corporation, or other organization; (3) “Retail sale” means any sale, except a sale for the purpose of resale in the ordinary course of business; (4) “Sale” or “sell” means any sale, contract for sale, offer of sale, or advertisement thereof; (5) “Wholesale price” means a customary price at which a wholesaler sells merchandise for resale; (6) “Wholesale sale” means any sale other than a retail sale, as defined in this section; and (7) “Wholesaler” means one who sells other than at retail, as defined in this section. History Acts 1957, ch. 410, § 3; T.C.A., §§ 69-602, 47-25-502. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-903. Misrepresentation of sale at wholesale unlawful. It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandise is a sale or transfer at wholesale, unless such sale or transfer is made to the transferee for resale, and unless the state of Tennessee is not entitled to collect upon such sale or transfer the Tennessee state sales tax, as set out in the “Retailers' Sales Tax Act,” compiled in title 67, chapter 6. History Acts 1957, ch. 410, § 4; T.C.A., §§ 69-603, 47-25-503. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-904. Misleading name unlawful — Misrepresenting retail sale unlawful. (a) It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words “manufacturer,” “broker,” or “wholesaler,” or any derivative of, or synonym for, any of them, unless such person is, in fact, engaged in such business, in addition to the business of selling the merchandise to individual consumers. (b) In cases where a person is engaged in manufacturing or wholesaling, and is in addition thereto engaged in making sales at retail to individual consumers, it is an unlawful trade practice for such person to imply, directly or indirectly, in connection with sales to individual consumers, that the selling price is other than a retail price, unless the sale is for resale. History Acts 1957, ch. 410, § 5; T.C.A., §§ 69-604, 47-25-504. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-905. Rescission of sale for unlawful trade practice. Any person to whom is sold household furniture, appliances, or floor covering merchandise, in the course of an unlawful trade practice, as hereinabove defined, may, at the person's option, or on discovery of such unlawful trade practice, and on due notice to the seller, rescind such sale; sue, and recover back from such seller the price, or any portion thereof, previously paid by such person to such seller; provided, that the right of rescission created herein must have been exercised, if at all, within a period of twelve (12) months subsequent to the complained of sale. History Acts 1957, ch. 410, § 6; T.C.A., §§ 69-605, 47-25-505. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-906. Injunctions — Damages. Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered. History Acts 1957, ch. 410, § 7; T.C.A., §§ 69-606, 47-25-506. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 9 Household Goods—Unlawful Trade Practices 47-25-907. Penalty for violations. A person violating this part commits a Class C misdemeanor. History Acts 1957, ch. 410, § 8; T.C.A., §§ 69-607, 47-25-507; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1001. Short title. This part shall be known and may be cited as the “Tennessee Consignment of Art Act.” History Acts 1984, ch. 838, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1002. Part definitions. As used in this part, unless the context otherwise requires: (1) “Art dealer” means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction; (2) “Artist” means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative; (3) “Consignment” means that no title to, estate in, or right to possession of, the work of art, superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art; (4) “Co-operative” means an association or group of artists which: (A) Engages in the business of selling only works of art which are produced or created by such artists; (B) Jointly owns, operates, and markets such business; and (C) Accepts such works of art from its members on consignment; (5) “Person” means an individual, partnership, corporation, association, or other group, however organized; and (6) “Work of art” means an original art work which is: (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph; (B) A work of calligraphy; (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen; (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or (E) A work in mixed media, including a collage or a work consisting of any combination of subdivisions (6)(A)-(D). History Acts 1984, ch. 838, § 2; 1985, ch. 346, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1003. What constitutes consignment. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery. History Acts 1984, ch. 838, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1004. Effect of consignment. A consignment of a work of art shall result in all of the following: (1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within the state of Tennessee; (2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee; (3) The consignee shall be responsible for the loss of, or damage to, the work of art; and (4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing. History Acts 1984, ch. 838, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1005. Nature of trust. (a) A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor, and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full. (b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consignee's creditors, anything in the Uniform Commercial Code, § 47-2-326, or any other provision of the Uniform Commercial Code to the contrary notwithstanding. History Acts 1984, ch. 838, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 10 Consignment of Art 47-25-1006. Waiver. Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this part is void. History Acts 1984, ch. 838, § 6; 1985, ch. 346, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1101. Short title. This part shall be known and may be cited as the “Ensuring Likeness, Voice, and Image Security Act of 2024.” History Acts 1984, ch. 945, § 1; 2024, ch. 588, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1102. Part definitions. As used in this part, unless the context otherwise requires: (1) “Definable group” means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team; (2) “Individual” means human being, living or dead; (3) “Likeness” means the use of an image of an individual for commercial purposes; (4) “Person” means any individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic, or other organizations; (5) “Photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual, so that the individual is readily identifiable; and (6) “Voice” means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual. History Acts 1984, ch. 945, § 2; 2024, ch. 588, §§ 2, 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1103. Property right in use of name, photograph, likeness. (a) Every individual has a property right in the use of that individual's name, photograph, voice, or likeness in any medium in any manner. (b) The individual rights provided for in subsection (a) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individual so protected, whether or not such rights were commercially exploited by the individual during the individual's lifetime, but shall be descendible to the executors, assigns, heirs, or devisees of the individual so protected by this part. History Acts 1984, ch. 945, § 3; 2024, ch. 588, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1104. Exclusivity and duration of right. (a) The rights provided for in this part shall be deemed exclusive to the individual, subject to the assignment or licensing of such rights as provided in § 47-25-1103, during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of ten (10) years after the death of the individual. (b) (1) Commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased shall maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in this subsection (b). (2) (A) The exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, photograph, voice, or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individual's death. (B) For purposes of subdivision (b)(2)(A), “use” includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable. History Acts 1984, ch. 945, § 4; 2024, ch. 588, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1105. Unauthorized use prohibited. (a) (1) Any person who knowingly uses or infringes upon the use of an individual's name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action. (2) A person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voice or likeness, with knowledge that use of the voice or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual. (3) A person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of such algorithm, software, tool, or other technology, service, or device is the production of a particular, identifiable individual's photograph, voice, or likeness, with knowledge that distributing, transmitting, or otherwise making available the photograph, voice, or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual. (b) In addition to the civil action authorized by this section and the remedies set out in § 47-25-1106, any person who commits unauthorized use as defined in subsection (a) commits a Class A misdemeanor. (c) It is no defense to the unauthorized use defined in subsection (a) that the photograph includes more than one (1) individual so identifiable; provided, that the individual or individuals complaining of the use shall be represented as individuals per se rather than solely as members of a definable group represented in the photograph. (d) If an unauthorized use as defined in subsection (a) is by means of products, merchandise, goods or other tangible personal property, all such property, including all instrumentalities used in connection with the unauthorized use by the person violating this section, is declared contraband and subject to seizure by, and forfeiture to, the state in the same manner as is provided by law for the seizure and forfeiture of other contraband items. History Acts 1984, ch. 945, § 5; 1989, ch. 308, § 1; 1991, ch. 506, § 1; 2005, ch. 395, §§ 4, 5; 2024, ch. 588, § 6. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1106. Remedies. (a) The chancery and circuit court having jurisdiction for any action arising pursuant to this part may grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's name, photograph, voice, or likeness. As part of such injunction, the court may authorize the confiscation of all unauthorized items and seize all instrumentalities used in connection with the violation of the individual's rights. All instrumentalities seized pursuant to enforcing an injunction under this subsection (a) shall be liquidated and used to satisfy statutory damages, if damages are recovered by the rights holder. (b) At any time while an action under this part is pending, the court may order the impounding, on such terms as it may deem reasonable, of all materials or any part thereof claimed to have been made or used in violation of the individual's rights, and such court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such materials may be reproduced. (c) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all materials found to have been made or used in violation of the individual's rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such materials may be reproduced. (d) (1) An individual is entitled to recover the actual damages suffered as a result of the knowing use or infringement of such individual's rights and any profits that are attributable to such use or infringement which are not taken into account in computing the actual damages. Profit or lack thereof by the unauthorized use or infringement of an individual's rights shall not be a criteria of determining liability. (2) An individual is entitled to recover three (3) times the amount to which the individual is entitled under subdivision (d)(1), plus reasonable attorney fees, if a person knowingly uses or infringes the rights of a member of the armed forces in violation of this part. As used in this subdivision (d)(2), “member of the armed forces” means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102. (e) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law. (f) Where a person has entered into a contract for an individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individual's audio performances, an action to enforce the rights set forth in this part may be brought by the person or the individual. History Acts 1984, ch. 945, § 6; 2005, ch. 395, § 6; 2009, ch. 359, § 1; 2024, ch. 588, §§ 7, 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1107. Exemptions. (a) To the extent such use is protected by the First Amendment to the United States Constitution, it is deemed a fair use and not a violation of an individual's right, for purposes of this part, if the use of a name, photograph, voice, or likeness is: (1) In connection with any news, public affairs, or sports broadcast or account; (2) For purposes of comment, criticism, scholarship, satire, or parody; (3) A representation of the individual as the individual's self in an audiovisual work, as defined under 17 U.S.C. § 101, unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated; (4) Fleeting or incidental; or (5) In an advertisement or commercial announcement for a work described in this subsection (a). (b) The use of a name, photograph, voice, or likeness in a commercial medium does not constitute a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the complainant individual's name, photograph, voice, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation. (c) Nothing in this section applies to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television stations, billboards, and transit ads, who have published or disseminated any advertisement or solicitation in violation of this part, unless it is established that such owners or employees had knowledge or reasonably should have known of the unauthorized use of the individual's name, photograph, voice, or likeness as prohibited by this section. History Acts 1984, ch. 945, § 7; 2024, ch. 588, §§ 9-11. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 11 Protection of Personal Rights 47-25-1108. Application to individuals protected by “Model Trademark Act.” This part applies to any individual otherwise entitled to the protection afforded under part 5 of this chapter. History Acts 1984, ch. 945, § 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1201. Part definitions. As used in this part, unless the context otherwise requires: (1) “Contract for invention development services” includes a contract by which an invention developer undertakes to develop or promote an invention for a customer; (2) “Customer” includes any person, firm, corporation, or other entity that is solicited by, inquires about or seeks the services of, or enters into a contract for invention development services with, an invention developer, except: (A) Any department or agency of the federal, state, or local government; (B) Any charitable, scientific, educational, religious, or other organization qualified under § 501(c)(3) or described in § 170(b)(1)(a) of the Internal Revenue Code of 1954, as amended; and (C) Any person, firm, corporation, or other entity regularly engaged in a trade, business, or profession, which has either a net worth of one hundred thousand dollars ($100,000) or more or gross receipts from any source of fifty thousand dollars ($50,000) or more during the calendar year in which any contract for invention development services is signed; (3) “Invention” means: (A) An invention; (B) An idea; (C) A concept; or (D) Any combination thereof; (4) “Invention developer” means any person, firm, corporation, or association, and the agents, employees, or representatives of such person, firm, corporation, or association that develops or promotes or offers to develop or promote an invention, except: (A) Any department or agency of the federal, state, or local government; (B) Any charitable, scientific, educational, religious, or other organization qualified under § 501(c)(3) or described in § 170(b)(1)(a) of the Internal Revenue Code of 1954, as amended; (C) Any person, firm, corporation, association, or other entity whose gross receipts from contracts for invention development services, as defined in subdivision (5), do not exceed ten percent (10%) of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed; or (D) Any person, firm, corporation, association, or other entity that does not charge a fee for invention development services. For the purposes of this subdivision (4)(D), “fee” includes any payment made by the customer to such entity, including reimbursements for expenditures made or costs incurred by such entity, but does not include any payment made from a portion of the income received by a customer by virtue of invention development services performed by such entity; and (5) “Invention development services” includes acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer. History Acts 1977, ch. 436, § 2; T.C.A., § 47-20-101. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1202. Advertising compliance with law prohibited. No invention developer shall make, or authorize the making of, any reference to compliance by it with this part in any advertisement. History Acts 1977, ch. 436, § 24; T.C.A., § 47-20-102. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1203. Disclosure of fees in advertising. Every invention developer who charges a fee or requires any consideration for invention development services must clearly and conspicuously disclose such fact in every advertisement of such services. History Acts 1977, ch. 436, § 11; T.C.A., § 47-20-103. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1204. Initial disclosures to customer by developer. In the first oral communication with a customer or in the first written response to an inquiry by a customer, other than an oral communication or written response, the primary purpose of which is to arrange an appointment with the invention developer for presentation of invention development services, the invention developer shall cause the following disclosures to be made to each customer: (1) A statement of the fee charged, if known, or a statement of the approximate range of fees charged; a statement that a portion of the fee charged will be paid as a commission or other similar payment if, in fact, it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters; (2) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does so intend, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer; (3) A single statement setting forth both: (A) The total number of customers who have contracted with the invention developer; provided, that the number need not reflect those customers who have contracted within the last thirty (30) days; and (B) The number of customers who have received, by virtue of the invention developer's performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer; and (4) A statement as follows: “Any contract for invention development services between you and our firm will be regulated by law. Our firm is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. The contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” History Acts 1977, ch. 436, § 12; T.C.A., § 47-20-104. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1205. Written contracts required. (a) Every contract for invention development services shall be in writing and shall be subject to this part. A copy of the written contract shall be given to the customer at the time the customer signs the contract. (b) If one (1) or more subsequent contracts are contemplated by the invention developer in connection with an invention, or if the invention developer contemplates performance of services in connection with an invention in more than one (1) phase with the performance of each phase covered in one (1) or more subsequent contracts, the invention developer shall so state in writing and shall supply to the customer such writing, together with a copy of such contract or written summary of the general terms of each and every such subsequent contract, including the amount of any fees or other consideration required from the customer, at the time the customer signs the first contract. History Acts 1977, ch. 436, § 3; T.C.A., § 47-20-105. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1206. Cancellation option. (a) (1) Notwithstanding any contractual provision to the contrary, the invention developer and the customer shall each have the right to cancel a contract for invention development services for any reason at any time within seven (7) days of the date the invention developer and the customer sign the contract. (2) Cancellation shall be effected by written notice mailed or delivered to the invention developer or the customer. If the notice is mailed, it must be postmarked by twelve o'clock midnight (12:00) of the last day of the cancellation period. If the notice is delivered, it must be delivered by the end of the invention developer's normal business day. Within five (5) business days after receipt of such notice of cancellation by the customer, the invention developer shall return to the customer, by mail, all moneys paid and all materials provided by the customer. (b) (1) Subsection (a) shall apply to every contract executed between an invention developer and a customer. (2) Each such contract shall contain the following statement in ten (10) point boldface type immediately above the place at which the customer signs the contract: “The seven-day period during which you may cancel this contract for any reason by mailing or delivering written notice to the invention developer will expire on (Last date to mail or deliver notice) If you choose to mail your notice, it must be placed in the United States mail properly addressed first class postage prepaid and postmarked before twelve o'clock midnight (12:00) of this date. If you choose to deliver your notice to the invention developer directly, it must be delivered to that party by the end of that party's normal business day on this date. The invention developer also has the right to cancel this contract by notice similarly mailed or delivered.” History Acts 1977, ch. 436, § 4; T.C.A., § 47-20-106. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1207. Required contents of contract. Every contract for invention development services shall set forth in at least ten (10) point boldface type, or equivalent size if handwritten, all of the following: (1) The terms and conditions of payment required by § 47-25-1206; (2) A full and detailed description of the acts or services that the invention developer undertakes to perform for the customer. To the extent that the description of acts or services affords the invention developer discretion to decide what acts or services are to be performed by the invention developer, the invention developer shall exercise that discretion to promote the best interests of the customer; (3) A statement whether the invention developer undertakes to construct one (1) or more prototypes, models, or devices embodying the customer's invention; (4) A statement whether the invention developer undertakes to sell or distribute one (1) or more prototypes, models, or devices embodying the customer's invention; (5) The name of the person or firm contracting to perform the invention development services, the name under which the person or firm is doing or has done business as an invention developer, and the name of any parent, subsidiary, or affiliated company that may engage in performing the invention development services; (6) The invention developer's principal business address and the name and address of its agent in the state of Tennessee authorized to receive service of process; (7) The business form of the invention developer, whether corporate, partnership, or otherwise; (8) A statement of the fee charged, a statement that a portion of the fee charged will be paid as a commission or other similar payment, if, in fact, it is intended to be so paid, to a person inducing, directly or indirectly, a customer to contract for the services of the invention developer, which statement shall specify the names of the person or persons receiving the payment; and a statement of the approximate portion of the fee charged, if any, that will be expended for services relating to patent matters; (9) A statement that the invention developer does not intend to expend more for the invention development services than the fee charged the customer, if, in fact, it does not, and if it does so intend, a statement of the estimated expenditures of the invention developer in excess of the fee received from the customer; (10) If any oral or written representation of estimated or projected customer earnings is made, a statement of such estimation or projection and the data upon which it is based; (11) A single statement setting forth both: (A) The total number of customers who have contracted with the invention developer; provided, that the number need not reflect those customers who have contracted within the last thirty (30) days; and (B) The number of customers who have received, by virtue of the invention developer's performance of invention development services, an amount of money in excess of the amount of money paid by such customers to the invention developer; (12) A statement that the invention developer is required to maintain all records and correspondence relating to performance of the invention development services for that customer for a period not less than three (3) years after expiration of the term of the contract for invention development services; (13) The name and address of the custodian of all records and correspondence relating to the performance of the invention development services; (14) A statement that the records and correspondence required to be maintained by subdivision (13) will be made available to the customer or the customer's representative for review and copying at the customer's expense on the invention developer's premises during normal business hours upon seven (7) days' written notice, the time period to begin from the date the notice is placed in the United States mail properly addressed first class postage prepaid; (15) A statement of the expected date of completion of the invention development services; and (16) A statement as follows: “This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” History Acts 1977, ch. 436, § 10; T.C.A., § 47-20-107. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1208. Disclosures to be printed on cover of contract. Each and every contract for invention development services shall carry a distinctive and conspicuous cover sheet with the following notice (and no other) imprinted thereon in boldface type of not less than ten (10) point size: “The following disclosures are required by law: You have the right to cancel this contract for any reason at any time within seven (7) days from the date you and the invention developer sign the contract and you receive a fully executed copy of it. To exercise this option, you need only mail or deliver to this invention developer written notice of your cancellation. The method and time for notification is set forth in this contract immediately above the place for your signature. Upon cancellation, the invention developer must return by mail, within five (5) business days, all money paid and all materials provided by you. This contract between you and the invention developer is regulated by law. The invention developer is not qualified or permitted to advise you whether protection of your idea or invention is available under the patent, copyright, or trademark laws of the United States or any other law. This contract does not provide any patent, copyright, or trademark protection for your idea or invention. If your idea or invention is patentable, copyrightable, or subject to trademark protection, or infringes an existing valid patent, copyright, or trademark or a patent, copyright, or trademark for which application has been made, your failure to inquire into these matters may affect your rights to your idea or invention.” History Acts 1977, ch. 436, § 5; T.C.A., § 47-20-108. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1209. Acquiring interest in invention by developer. No invention developer shall acquire any interest, partial or whole, in the title to the customer's invention, unless the invention developer contracts to manufacture the invention and acquires such interest for such purpose at or about the time the contract for manufacture is executed. Nothing in this section shall be construed to prohibit an invention developer from contracting with a customer to receive a portion of any proceeds accruing to the customer as a result of performance of invention development services by the invention developer. History Acts 1977, ch. 436, § 6; T.C.A., § 47-20-109. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1210. Right of action against developer. No contract for invention development services shall require or entail the execution of any note or series of notes by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the invention developer. History Acts 1977, ch. 436, § 7; T.C.A., § 47-20-110. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1211. Contracts in violation of part void. Any contract for invention development services which does not comply with the applicable provisions of this part shall be void and unenforceable as contrary to public policy; provided, that no contract shall be void and unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid any such errors and makes an appropriate correction. History Acts 1977, ch. 436, § 14; T.C.A., § 47-20-111. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1212. Contracts obtained by fraud void. Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer is void and unenforceable. History Acts 1977, ch. 436, § 15; T.C.A., § 47-20-112. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1213. Waiver of customer rights void. Any waiver by the customer of the provisions of this part is deemed contrary to public policy and is void and unenforceable. History Acts 1977, ch. 436, § 16; T.C.A., § 47-20-113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1214. Failure to disclose — Contract voidable. Failure to make the disclosures required by this part shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer. History Acts 1977, ch. 436, § 19; T.C.A., § 47-20-114. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1215. Progress reports. With respect to each and every contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract, at quarterly intervals throughout the term of the contract, a written statement of the services performed to date; provided, that the first such statement need not be delivered until one hundred eighty (180) days after the contract is executed. History Acts 1977, ch. 436, § 9; T.C.A., § 47-20-115. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1216. Customer's rights unimpaired by developer's assignments. Any assignee of the invention developer's rights is subject to all equities and defenses of the customer against the invention developer existing in favor of the customer at the time of the assignment. History Acts 1977, ch. 436, § 8; T.C.A., § 47-20-116. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1217. Bond of developer. (a) (1) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond issued by a surety company admitted to do business in this state. (2) The principal sum of the bond shall be five percent (5%) of the invention developer's gross income from the invention development business in this state during the invention developer's last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operations. (3) A copy of such bond shall be filed with the secretary of state prior to the time the invention developer first commences business in this state. (4) The invention developer shall have ninety (90) days after the end of each fiscal year within which to change the bond as may be necessary to conform to the requirements of this section. (b) (1) The bond required by subsection (a) shall be in favor of the state of Tennessee for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud or dishonesty or failure to provide the services of the invention developer in performance of the contract. (2) Any person claiming against the bond may maintain an action at law against the invention developer and the surety. (3) The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided herein shall in no event exceed the amount of the bond. History Acts 1977, ch. 436, §§ 20, 21; T.C.A., § 47-20-117. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1218. Deposit in lieu of bond. In lieu of furnishing the bond required by § 47-25-1217, the invention developer may deposit with the secretary of state a cash deposit in the like amount. This cash deposit may be satisfied by any of the following: (1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the federal deposit insurance corporation; (2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the federal deposit insurance corporation; (3) Bearer bonds issued by the United States government or by this state; or (4) Cash deposited with the secretary of state. History Acts 1977, ch. 436, § 22; T.C.A., § 47-20-118. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1219. Record retention. Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three (3) years after expiration of the term of each such contract. History Acts 1977, ch. 436, § 23; T.C.A., § 47-20-119. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1220. Compliance with other laws required. This part is not exclusive and does not relieve the parties or the contract subject thereto from compliance with all other applicable law. History Acts 1977, ch. 436, § 13; T.C.A., § 47-20-120. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1221. Civil action against developer for violations. (a) Any person who has been injured by a violation of this part by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by § 47-25-1207, may bring a civil action against the invention developer for the greater of the following amounts: (1) Three thousand dollars ($3,000); or (2) Three (3) times the amount of the actual damages, if any, sustained by the plaintiff. (b) In addition to the greater of the preceding amounts, the court may award reasonable attorney's fees to the plaintiff. History Acts 1977, ch. 436, § 17; T.C.A., § 47-20-121. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 12 Invention Development 47-25-1222. Violations — Penalties — Injunctions. (a) Any invention developer who willfully violates any provision of this part, or willfully enters an invention development contract which omits any duty or disclosure required by this part, commits a Class C misdemeanor. (b) Any circuit or chancery court of this state has jurisdiction to restrain and enjoin the violation of any of the provisions of this part relating to invention development services and contracts for such services. (c) The duty to institute actions for violation of such provisions of this part, including proceedings to restrain and enjoin such violations, is hereby vested in the attorney general and reporter, district attorneys general, and city attorneys. The attorney general and reporter, any district attorney general, or any city attorney may prosecute misdemeanor actions or institute equity proceedings or both. (d) This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law. History Acts 1977, ch. 436, § 18; T.C.A., § 47-20-122; Acts 1989, ch. 591, § 113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1301. Part definitions. As used in this part, unless the context otherwise requires: (1) “Current model” means a model listed in the wholesaler's, manufacturer's or distributor's current sales manual or any supplements thereto; (2) “Current net price” means the price listed in the supplier's price list or catalogue in effect at the time the contract is cancelled or discontinued, less any applicable trade and cash discounts; (3) “Inventory” means farm implements and machinery, construction, utility and industrial equipment, consumer products, outdoor power equipment, attachments and repair parts; (4) “Retailer” means any person, firm or corporation engaged in the business of selling and retailing farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment, attachments or repair parts and shall not include retailers of petroleum products; (5) “Superseded part” means any part that will provide the same function as a currently available part as of the date of cancellation; and (6) “Supplier” means any manufacturer, wholesaler, wholesale distributor, or any purchaser of assets or stock of any surviving corporation resulting from a merger or liquidation, any receiver or assignee, or any trustee of the original manufacturer, wholesaler or distributor. History Acts 1999, ch. 193, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1302. Retail agreement modifications for good cause. (a) No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a retailer to comply with requirements imposed upon the retailer by the retail agreement if such requirements are not different from those imposed on other retailers similarly situated in this state. In addition, good cause exists whenever: (1) There has been a closeout on the sale of a substantial part of the retailer's assets related to the equipment business, or there has been a commencement of a dissolution or liquidation of the retailer; (2) The retailer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld; (3) The retailer has substantially defaulted under a chattel mortgage or other security agreement between the retailer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the retailer to the supplier; (4) The equipment retailer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned the business; (5) The retailer has pleaded guilty to or has been convicted of a felony affecting the relationship between the retailer and the supplier; or (6) The retailer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership. However, good cause does not exist if the supplier consents to an action described in this subsection (a). (b) Except as otherwise provided herein, a supplier shall provide a retailer with at least ninety (90) days' written notice of termination, cancellation or nonrenewal of the retail agreement and a sixty-day right to cure the deficiency. If the deficiency is cured within the allotted time, the notice is void. In the case where cancellation is enacted due to market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice shall state all reasons constituting good cause for action. The notice is not required if the reason for termination, cancellation or nonrenewal is a violation under subsection (a). History Acts 1999, ch. 193, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1303. Retailer's right to have inventory repurchased. Whenever any retailer enters into an agreement, evidenced by a written or oral contract, with a supplier wherein the retailer agrees to maintain an inventory of parts and to provide service and the contract is terminated, then the supplier shall repurchase the inventory as provided in this part. The retailer may keep the inventory if the retailer desires. If the retailer has any outstanding debts to the supplier, then the repurchase amount may be set off or credited to the retailer's account. History Acts 1999, ch. 193, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1304. Prohibited supplier actions. No supplier shall: (1) Coerce any retailer to accept delivery of equipment, parts or accessories which the retailer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier; (2) Condition the sale of additional equipment to a retailer upon a requirement that the retailer also purchase other goods or services, except that a supplier may require the retailer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the equipment used in the trade area; (3) Coerce a retailer into refusing to purchase equipment manufactured by another supplier; or (4) Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the retailer's control. History Acts 1999, ch. 193, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1305. Date governing repurchase — Price and associated costs. The supplier shall repurchase that inventory previously purchased from such supplier and held by the retailer on the date of termination of the contract. The supplier shall pay one hundred percent (100%) of the current net price of all new, unsold, undamaged and complete farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments, and ninety percent (90%) of the current net price on new, unused and undamaged and superseded repair parts. The supplier shall pay the retailer ten percent (10%) of the current net price on all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services. The supplier shall purchase at its amortized value any specific data processing hardware and software and telecommunications equipment that the supplier required the retailer to purchase within the past five (5) years. The supplier shall also repurchase, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years pursuant to the requirements of the supplier and held by the retailer on the date of termination. Such specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. Farm implements, machinery, utility and industrial equipment and outdoor power equipment used in demonstrations, including equipment leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that such equipment is in new condition and has not been abused. History Acts 1999, ch. 193, § 6. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1306. Title to repurchased inventory — Account adjustments. Upon payment of the repurchase amount to the retailer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the retailer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the retailer or the heirs of the retailer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the equipment financed and an opportunity to purchase the equipment. The former retailer or the heirs of the retailer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the retailer or the heirs of the retailer in direct proportion to the liabilities outstanding. History Acts 1999, ch. 193, § 7. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1307. Exceptions to repurchase requirement. This part shall not require the repurchase from a retailer of: (1) Any repair part which, because of its condition, is not resalable as a new part; (2) Any inventory which the retailer desires to keep; provided, that the retailer has a contractual right to do so; (3) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment and attachments which are not current models or which are not in new, unused, undamaged, complete condition; provided, that the equipment used in demonstrations or leased as provided in § 47-25-1305 shall be considered new and unused; (4) Any repair parts which are not in new, unused, undamaged condition; (5) Any farm implements and machinery, construction, utility and industrial equipment, outdoor power equipment or attachments which were purchased more than thirty-six (36) months prior to notice of termination of the contract; or (6) Any inventory which was ordered by the retailer on or after the date of termination of the contract. History Acts 1999, ch. 193, § 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1308. Civil liability for failure to repurchase. If any supplier fails or refuses to repurchase and pay the retailer for any inventory covered under this part within sixty (60) days after shipment of such inventory, such supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the retailer, the retailer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment. History Acts 1999, ch. 193, § 9. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1309. Death of retailer or major stockholder — Repurchase option of heirs. (a) In the event of the death of the retailer or the majority stockholder of a corporation operating as a retailer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the retailer or majority stockholder as if the supplier had terminated the contract. The heir or heirs shall have one (1) year from the date of the death of the retailer or majority stockholder to exercise their options under this part. Nothing in this part shall require the repurchase of any inventory if the heir or heirs and the supplier enter into a new contract retail agreement to operate the retail dealership. (b) A supplier shall have ninety (90) days in which to consider and make a determination upon a request by a family member to enter into a new retail agreement to operate the retail dealership. As used herein, “family member” means a spouse, child, son-in-law, daughter-in-law or lineal descendant of the dealer or principal owner of the dealership. In the event the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance. This section does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier. (c) Notwithstanding this section, in the event that a supplier and a dealer have previously executed an agreement concerning succession rights prior to the dealer's death and, if such agreement has not been revoked, such agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor. History Acts 1999, ch. 193, § 10. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1310. Security interests not affected — Exemption from bulk sales law — Inspection. This part shall not be construed to affect in any way any security interest which the supplier may have in the inventory of the retailer, and any repurchase hereunder shall not be subject to the bulk sales law. The retailer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items. History Acts 1999, ch. 193, § 11. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1311. Actions for civil damages — Injunctions. (a) A retailer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations together with all costs and attorneys' fees. (b) The retailer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. The remedies in this section are in addition to any other remedies permitted by law. History Acts 1999, ch. 193, § 12. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1312. Applicability. This part shall apply to all contracts and shall apply to all retail agreements in effect which have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after May 16, 1977. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. Any contractual term restricting the procedural or substantive rights of a retailer under this part, including a choice of law or choice of forum clause, is void. History Acts 1999, ch. 193, § 13. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1313. Waiver — Severability. (a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) If any provision or item of this part or the application thereof is held invalid, it shall not affect other provisions, items or applications of this part which can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are hereby declared severable. History Acts 1999, ch. 193, § 14. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 13 Repurchase of Terminated Franchise Inventory 47-25-1314. Applicability of franchise provisions. Part 15 of this chapter does not apply to retailers, as defined in this part. History Acts 1999, ch. 193, § 15. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 14 Disposal of Dies, Molds, and Forms 47-25-1401. Disposal of dies, molds, and forms. (a) As used in this section, unless the context otherwise requires: (1) “Customer” means any individual or entity who causes or caused a molder to: (A) Fabricate, cast, or otherwise make a die, mold, or form; or (B) Use a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (2) (A) “Molder” means any individual or entity, including, but not limited to, a tool or die maker who: (i) Fabricates, casts, or otherwise makes a die, mold, or form; or (ii) Uses a die, mold, or form to manufacture, assemble, or otherwise make a product or products; (B) “Molder” shall not be construed to include individuals or entities who fabricate, cast, otherwise make or use plates, types, or other such forms in the reproduction of printed or graphic arts material; and (3) “Within three (3) years following the last prior use” includes any period following the last prior use of any die, mold, or form. (b) This section shall not apply where a molder retains title to and possession of a die, mold, or form. Nothing in this section shall be construed to grant a customer any rights, title, or interest to a die, mold, or form. (c) Unless otherwise agreed in writing, if a customer does not take possession from a molder of a die, mold, or form situated in this jurisdiction within three (3) years following the last prior use thereof, all of the customer's rights, title, and interest to such die, mold, or form may be transferred by operation of law to the molder for the purpose of destroying such die, mold, or form, consistent with this section. (d) If a molder chooses to have all rights, title, and interest to any die, mold, or form transferred to the molder by operation of law, the molder shall send written notice by registered mail, return receipt requested, to its customer at the address, if any, indicated in the agreement pursuant to which the molder obtained possession of the die, mold, or form and to the customer's last known address, indicating that the molder intends to terminate all of the customer's rights, title, and interest by having all such rights, title, and interest transferred to the molder by operation of law pursuant to this section; provided, that if the customer designates in writing an address to which the written notice must be sent, the molder must send the notice to such address. (e) If a customer does not take possession of the particular die, mold, or form within one hundred twenty (120) days following the date the molder receives acknowledgement or nonacknowledgement of the return receipt of such notice, or does not make other contractual arrangements with the molder for taking possession or for the storage thereof, all rights, title, and interest of the customer shall transfer by law to the molder. Thereafter, the molder shall be entitled to destroy the particular die, mold, or form as the molder's own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect the right of the customer under federal patent or copyright law, or any state or federal law, pertaining to unfair competition. History Acts 1983, ch. 169, §§ 1-5; T.C.A., §§ 47-27-101 — 47-27-105, 47-50-113. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1501. Legislative intent. It is the intent of the general assembly that small businesses operating within Tennessee pursuant to franchise agreements should be provided uniform rights and procedures to prevent arbitrary and capricious business practices by franchisors seeking to terminate or modify their franchise relationships or failing to renew existing franchise relationships. History Acts 1989, ch. 392, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1502. Part definitions. As used in this part, unless the context otherwise requires: (1) “Franchise” means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise; provided, that “franchise” means only such agreement where the franchisee is required to be licensed under § 57-3-203; and provided further, that a franchise is not created by a lease, license or concession granted by a retailer to sell goods or furnish services on or from premises which are occupied by the retailer-grantor primarily for its own merchandising activities; (2) “Franchisee” means a person to whom a franchise is offered or granted only if such person is required to be licensed under § 57-3-203; (3) “Franchisor” means a person who grants a franchise to another person where such person is the holder of a permit issued pursuant to § 57-3-602; (4) “Good cause” means: (A) Failure by a franchisee to comply substantially with the requirements imposed or sought to be imposed upon the franchisee by the franchisor, which requirements are not discriminatory as compared with the requirements imposed on other similarly situated franchisees, either by their terms or in the manner of their enforcement, and which requirements are not in violation of any law or regulation; (B) The failure by the franchisee to act in good faith and in a commercially reasonable manner in carrying out the terms of the franchise; (C) Voluntary abandonment of the franchise; (D) Conviction of the franchisee in a court of competent jurisdiction of an offense punishable by a term of imprisonment in excess of one (1) year; (E) Any act by a franchisee which substantially impairs the franchisor's trade name or trademark; (F) The institution of insolvency or bankruptcy proceedings by or against a franchisee, or any assignment or attempted assignment by a franchisee of the franchise or the assets of the franchise for the benefit of creditors; (G) Failure of the franchisee to pay to the franchisor within thirty (30) days after receipt of notice any uncontested sums past due the franchisor and relating to the franchise; or (H) Failure of the franchisee to comply with federal, state or local law or regulations applicable and material to the operation of the franchise which could reasonably impair the franchisee's continued future performance; (5) “Good faith” means honesty in fact in the conduct or transaction concerned; (6) “Person” means a natural person, corporation, partnership, trust or other entity and, in case of an entity, it includes any other entity which has a majority interest in such entity, or effectively controls such other entity, as well as the individual officers, directors and other persons in active control of the activities of each such entity; and (7) “Sale, transfer or assignment” means any disposition of a franchise or any interest therein, with or without consideration, including, but not limited to, bequests, inheritance, gift, exchange, lease or license. History Acts 1989, ch. 392, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1503. Termination of franchises. (a) Except as otherwise provided by this part, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause asserted in good faith, nor may a franchisor terminate a franchise prior to the expiration of its term without providing written notice of the facts and circumstances establishing good cause, and giving the franchisee a reasonable opportunity of at least thirty (30) days to cure the alleged failure. (b) Any franchisor who fails to provide services or products to a franchisee located within this state, which services or products are material to the operation of the franchise, on the same terms, conditions and availability as any other franchisee in this state shall be deemed to have terminated such franchise. History Acts 1989, ch. 392, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1504. Termination of franchises — Notice of termination without opportunity to cure. If, during the period in which the franchise is in effect, any of the following events occurs, which event is relevant to the franchise, immediate notice of termination without an opportunity to cure shall be deemed reasonable: (1) The franchisee or the business to which the franchise relates is declared bankrupt or judicially determined to be insolvent, or all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits inability to pay debts as they come due; (2) The franchisee willfully abandons the franchise by failing to operate the business for five (5) consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake or other similar causes beyond the franchisee's control; (3) The franchisor and franchisee agree in writing to terminate the franchise; (4) The franchisee makes any material misrepresentations relating to the acquisition of the franchise business; (5) The franchised business or business premises of the franchise are seized, taken over or foreclosed by a government official in the exercise of that official's duties, or seized, taken over, or foreclosed by a creditor, lienholder, or lessor; provided, that a final judgment against the franchisee remains unsatisfied for thirty (30) days (unless a supersedeas or other appeal bond has been filed); or a levy of execution has been made upon the license granted by the franchise agreement or upon any property used in the franchise business, and such levy is not discharged or suspended by accommodation agreement, partial payment agreement, compromise or similar agreement entered within five (5) days of such levy; (6) The franchisee is convicted of a felony or any other criminal misconduct which is relevant to the operation of the franchise; or (7) Failure of the franchisee, on two (2) consecutive occasions, to pass minimum health inspections conducted by any state or federal governmental entity. History Acts 1989, ch. 392, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1505. Nonrenewal or modification of franchise agreements. No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least sixty (60) days' prior written notice of its intention not to renew, such failure to renew is for good cause, and the franchisor has provided written notice of the facts and circumstances upon which it alleges that good cause exists to fail to renew. Any modification of an existing franchise agreement proposed by a franchisor must be disclosed no later than sixty (60) days prior to the proposed effective date of the modification unless the franchisee consents, in writing, within the sixty-day period, to waive such requirement. If failure to renew is for good cause, such nonrenewal may not be effective unless: (1) During the sixty (60) days prior to expiration of the franchise, the franchisor permits the franchisee to sell the business or a portion thereof relating to the franchisee, to a purchaser meeting the franchisor's then current requirements for granting new franchises, or, if the franchisor is not granting a significant number of new franchises, the then current requirements for granting renewal franchises; (2) (A) The refusal to renew is not for the purpose of converting the franchisee's business premises to operation by employees or agents of the franchisor for such franchisor's own account; provided, that nothing in this subdivision (2)(A) shall prohibit a franchisor from exercising a right of first refusal to purchase the franchisee's business; and (B) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisees of the franchisor; (3) The franchisee and the franchisor agree not to renew the franchise; or (4) The franchisor withdraws from distributing the products or services through franchises in the state of Tennessee for a period of not less than two (2) years; provided, that: (A) Upon expiration of the franchise, the franchisor agrees not to seek to enforce any covenant of the nonrenewed franchisee not to compete with the franchisor or franchisee of the franchisor; and (B) The failure to renew is not for the purpose of converting the business conducted by the franchisee pursuant to the franchise agreement to operation by employees or agents of the franchisor for such franchisor's own account. History Acts 1989, ch. 392, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1506. Circumstances not constituting “good cause.” Notwithstanding § 47-25-1502(4), the following circumstances shall not be deemed to constitute “good cause”: (1) Failure of a franchisee to meet a quota of sales or purchases, whether such quota is expressed as a goal, a quota or otherwise; (2) The desire of the franchisor to consolidate its franchises or its distribution pattern without demonstrating a failure of the franchisee to effectively market or distribute its product; (3) The failure of the franchisee to comply with a provision of a contract which is prohibited or invalid under the laws of Tennessee; (4) The failure of the franchisee to comply with a provision of a contract or request of the franchisor which would cause the franchisee to violate any regulation of a regulatory body, or which could reasonably cause a franchisee to jeopardize any license or permit necessary for it to conduct its business; or (5) The loss of the franchisee's right to occupy the premises from which the franchise business is operated, if such loss is directly or indirectly caused by the franchisor or any entity related to or affiliated with the franchisor. History Acts 1989, ch. 392, § 6. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1507. Waiver of rights — Settlements. (a) A franchisee may not waive any of the rights granted in any provision of this part, and the provisions of any agreement which would have such an effect shall be null and void. (b) Nothing in this part shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties. History Acts 1989, ch. 392, § 7. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1508. Transfer or assignment of franchisee's business. (a) Upon giving the franchisor written notice of intent to transfer the franchisee's business, any individual owning or deceased individual who owned an interest in a franchise may transfer or assign the franchisee's business to the spouse, child, grandchild, parent, brother or sister of such individual. The consent or approval of the franchisor shall not be required. (b) Any individual owning or deceased individual who owned an interest in a franchise may transfer the franchisee's business to a person other than such individual's spouse, child, grandchild, parent, brother or sister; provided, that: (1) Such individual has notified the franchisor in writing of the nature, terms and provisions of such transfer; (2) Such individual has provided the franchisor the opportunity to match the terms and conditions of such offer; and (3) The proposed transferee meets the nondiscriminatory, material, and consistently applied and reasonable qualifications and standards of the franchisor. (c) If the franchisor disapproves of a transfer as proposed in subsection (b), the consent or approval of the franchisor shall not be required if the franchisor does not elect to match the terms and conditions of such transfer or proposal, within sixty (60) days of notice, and another transferee who meets its requirements matches the terms and conditions of such offer. History Acts 1989, ch. 392, § 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1509. Actions for damages or equitable relief. Notwithstanding the terms of any franchise, agreement, waiver or other written instrument, any person who is injured by a violation of this part may bring an action for damages and equitable relief, including injunctive relief, reasonable attorney's fees and costs in any court of competent jurisdiction in Tennessee. History Acts 1989, ch. 392, § 9. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1510. Restriction on release from liability. No franchisee may prospectively assent to a release, assignment, novation, waiver or estoppel which would relieve any person from any liability or obligation under this part, or would require any controversy between a franchisor or franchisee to be referred to any person other than the duly constituted courts of this state or the United States, or a state regulatory agency charged by law with adjudicating such controversy, if the referral would be binding on the franchisee. History Acts 1989, ch. 392, § 10. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 15 Franchise Terminations, Nonrenewals or Modifications 47-25-1511. Part remedial and supplementary — Other protections included — Conflicting provisions. (a) This part is remedial and is supplementary to any other law of this state which provides rights and protections to franchisees. (b) Any state law or regulation which provides procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal shall be effective and supplementary to this part. (c) Any state law or regulation which permits or provides for the termination or nonrenewal of any franchise without providing the basic protections of this part shall not be effective. History Acts 1989, ch. 392, § 11. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1601. Part definitions. (a) As used in this part, unless the context otherwise requires: (1) “Manufacturer's or distributor's representative” means a person who has on the person's person and available for public inspection written proof that such person is authorized by the manufacturer or distributor for the public retail sale of those products which are offered for sale. Such credentials shall include the seller's name and may include a date upon which such authorization shall expire; (2) (A) “New and unused property” means tangible personal property that was acquired by the new and unused property merchant directly from the producer, manufacturer, wholesaler or retailer in the ordinary course of business which has never been used since its production or manufacturing or which is in its original and unopened package or container, if such personal property was so packaged when originally produced or manufactured; (B) “New and unused property” does not include: (i) Property which is in its original and unopened package or container that contains a date or expiration date and such date is not a new date or the date has expired; (ii) Property which was pre-owned by an individual other than the new and unused property merchant and such individual obtained the property through the ordinary course of business; or (iii) Property, although never used, whose style, packaging or material clearly indicates that such property was not produced or manufactured within recent times; (3) “New and unused property merchant” means a person who engages in the retail sale of personal property at a wholesale/retail outlet in this state and some of such property offered for sale is new and unused; and (4) (A) “Wholesale/Retail Outlet” means an event: (i) At which two (2) or more persons offer personal property for sale or exchange; and (ii) If the event is held more than six (6) times in any twelve-month period, regardless of the number of persons offering or displaying personal property or the absence of fees, at which such property is offered or displayed for sale or exchange; or (iii) At which a fee is charged for the privilege of offering or displaying such personal property; or (iv) At which a fee is charged to prospective buyers for admission to the area where such personal property is offered or displayed for sale. (B) “Wholesale/retail outlet” is interchangeable with and applicable to “flea market,” “itinerant vendor,” “swap meet,” “indoor swap meet,” or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) “Wholesale/retail outlet” does not mean nor apply to an event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes. History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1602. Recordkeeping — Receipts. (a) Every new and unused property merchant shall maintain receipts for the acquisition of new and unused property which must contain all of the following information: (1) The date of the transaction on which the property was acquired; (2) The name and address of the person, corporation, or entity from whom the property was acquired; (3) An identification and description of the property acquired; (4) The price paid for such property; and (5) The signatures of the person selling the property and the new and unused property merchant only if the new and unused property merchant acquires the property vis-á-vis the person selling the property if such person is not regularly engaged in the normal course of business of selling such property. (b) If a new and unused property merchant makes a single purchase of five hundred dollars ($500) or more from an individual or corporation, the bill of sale from such purchase shall be sufficient to satisfy the recordkeeping requirements of this subsection (a). History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1603. Record maintenance. The record of each purchase transaction provided for in this part shall be maintained for a period of not less than two (2) years. History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1604. Offenses. It is an offense for any new and unused property merchant required to maintain receipts under this part to knowingly: (1) Falsify, obliterate or destroy such receipts; (2) Refuse or fail, upon the request of a law enforcement officer, to make such receipts available for inspection within a period of time which is reasonable under the individual circumstances surrounding such request; provided, that nothing contained within this section shall be construed to require the new and unused property merchant to possess such receipt on or about the merchant's person without reasonable notice; (3) Fail to maintain the receipts required by this part for at least two (2) years; or (4) Present credentials pursuant to the requirements of this section which are false, fraudulent, forged, fraudulently obtained or the nature of which is misrepresented. History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1605. Violations. (a) (1) For the first violation of § 47-25-1602, the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second and subsequent violation of § 47-25-1602 is a Class C misdemeanor punishable by fine only. (b) (1) For the first violation of § 47-25-1604, the violator shall be issued a warning and informed of the penalty for any subsequent violations. (2) A second or subsequent violation of § 47-25-1604 is a Class C misdemeanor punishable by fine only. History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1606. Applicability of law. This part shall apply to all new and unused property purchased or acquired on or after January 1, 1999, which is sold, or to be sold, at a wholesale/retail outlet in this state. History Acts 1998, ch. 884, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1607. Sale of food, drugs or cosmetics with past expiration date. (a) No person shall knowingly sell or offer for sale at a wholesale/retail outlet any food manufactured and packaged for sale for consumption by a child under two (2) years of age, over-the counter drug or medication, or cosmetic which has an expiration date, and such date has expired. (b) Any person who violates this section commits a Class C misdemeanor, punishable by a fine only, not to exceed one hundred dollars ($100) for each violation. History Acts 1998, ch. 884, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 16 Flea Market Sales 47-25-1608. Exemptions. This part shall not apply to: (1) The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state; (2) The sale of agricultural products, forestry products or food products, other than food as defined as new and unused property; (3) Business conducted at any industry or association trade show; (4) The sale of arts or crafts by the person who produced such arts and crafts; (5) A manufacturer's or distributor's representative as defined in § 47-25-1601; or (6) Any new and unused property merchant under eighteen (18) years of age. History Acts 1998, ch. 884, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1701. Short title. This part shall be known and may be cited as “The Uniform Trade Secrets Act.” History Acts 2000, ch. 647, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1702. Part definitions. As used in this part, unless the context requires otherwise: (1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or limit use, or espionage through electronic or other means; (2) “Misappropriation” means: (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of the trade secret; or (ii) At the time of disclosure or use, knew or had reason to know that that person's knowledge of the trade secret was: (a) Derived from or through a person who had utilized improper means to acquire it; (b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) Before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake; (3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; (4) “Trade secret” means information, without regard to form, including, but not limited to, technical, nontechnical or financial data, a formula, pattern, compilation, program, device, method, technique, process, or plan that: (A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. History Acts 2000, ch. 647, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1703. Injunctive relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of the commercial advantage that otherwise would be derived from the misappropriation, deterrence of willful and malicious misappropriation, or where the trade secret ceases to exist due to the fault of the enjoined party or others by improper means. (b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (c) In appropriate circumstances, affirmative acts to provide a trade secret may be compelled by court order. History Acts 2000, ch. 647, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1704. Damages. (a) In addition to or in lieu of the relief provided by § 47-25-1703, a complainant is entitled to recover damages for misappropriation except to the extent that defendant can show a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation and such renders a monetary recovery inequitable. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a). History Acts 2000, ch. 647, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1705. Attorney's fees. If: (1) A claim of misappropriation is made in bad faith, (2) A motion to terminate an injunction is made or resisted in bad faith, or (3) Willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. History Acts 2000, ch. 647, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1706. Preservation of secrecy. In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. History Acts 2000, ch. 647, § 6. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1707. Statute of limitations. An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation by any person constitutes a single claim against that person, but this section shall be applied separately to any claim against each other person who receives a trade secret from another person who misappropriated that trade secret. History Acts 2000, ch. 647, § 7. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1708. Effect on other law. (a) Except as provided in subsection (b), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (b) This part does not affect: (1) Contractual remedies, whether or not based upon misappropriation of a trade secret; provided, that a contractual duty to maintain secrecy or limit use of a trade secret shall not be deemed to be void or unenforceable solely for lack of durational or geographical limitation on the duty; (2) Other civil remedies that are not based upon misappropriation of a trade secret; or (3) Criminal remedies, whether or not based upon misappropriation of a trade secret. (c) In no event shall a written contract be required to maintain an action or recover damages for misappropriation of a trade secret proven under this part. History Acts 2000, ch. 647, § 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 17 Uniform Trade Secrets Act 47-25-1709. Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make consistent the law with respect to the subject of this act among states enacting it. History Acts 2000, ch. 647, § 9. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1801. Definitions. The terms “inventory”, “retailer”, and “supplier” shall have the same meaning as provided in § 47-25-1301. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1802. Approval of warranty claims — Notice of claim. (a) Claims by a retailer for payment under warranty agreements pertaining to inventory shall either be approved or disapproved within thirty (30) days of receipt by the supplier. All approved claims shall be paid within thirty (30) days of their approval. When any such claim is disapproved, the supplier shall notify the dealer within thirty (30) days of receipt stating the specific grounds upon which the disapproval is based. If a claim is not specifically disapproved within thirty (30) days of receipt, it shall be deemed approved and payment by the supplier shall follow within thirty (30) days. If said payment is not made within thirty (30) days, the amount of the claim that remains unpaid shall accrue interest beginning on the thirty-first day at the weekly average prime loan rate, as of the thirty-first day, for the most recent week for which such an average rate has been published by the board of governors of the federal reserve system. (b) Any notice of a warranty claim given to a supplier under this section shall contain the following language in conspicuous type: “If no objections to this claim are made within thirty (30) days of receipt then payment of the claim must be made within thirty (30) days as provided in title 47, chapter 25, part 18.” History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1803. Honoring warranty after termination of contract. If, after termination of a contract, the retailer submits a claim to the supplier for warranty work performed prior to the effective date of the termination, the supplier shall accept or reject the claim within thirty (30) days of its receipt. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1804. Compensation. Warranty work performed by a retailer shall be compensated in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions thereof multiplied by the retailer's established customer hourly retail labor rate, which shall have previously been made known to the supplier. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1805. Excluded expenses. Expenses expressly excluded under the supplier's warranty to the customer shall not be included or required to be paid on requests for compensation from the retailer for warranty work performed. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1806. Reimbursement to retailer. All parts used by the retailer in performing such warranty work shall be paid to the retailer in the amount equal to the retailer's net price for such parts, plus a minimum of fifteen percent (15%). This addition is to reimburse the retailer for reasonable costs of doing business in performing such warranty service on the supplier's behalf including, but not limited to, freight and handling costs incurred. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1807. Right to audit. The supplier has the right to adjust for errors discovered during audit and, if necessary, to adjust claims paid in error. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 18 Warranties for Retailers and Suppliers 47-25-1808. Alternative reimbursement from supplier. The retailer shall have the right to accept the supplier's reimbursement terms and conditions in lieu of the provisions of this part. History Acts 2001, ch. 425, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1901. Short title. This part shall be known and may be cited as the “Motorcycle and Off-Road Vehicle Dealer Fairness Act.” History Acts 2007, ch. 188, § 2. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1902. Part definitions. As used in this part, unless the context otherwise requires: (1) “All-terrain vehicle” means a motorized vehicle with no less than four (4) nonhighway tires, but no more than six (6) nonhighway tires, that is limited in total dry weight to less than three thousand five hundred pounds (3,500 lbs.), and is eighty inches (80″) or less in width measured from the outside of the tire rim to the outside of the tire rim; (2) “Attachment” means a machine or part of a machine designed to be used on and in conjunction with a motorcycle or off-road vehicle; (3) “Current model” means a model listed in the supplier's, wholesaler's, manufacturer's or distributor's current sales manual or any supplements to the manual; (4) “Current net price” means the price listed in the supplier's price list or catalogue in effect at the time the contract is canceled or discontinued, less any applicable trade and cash discounts; (5) “Dealer” means any person engaged in the business of selling and retailing inventory, who enters into a retail agreement, and who, under the terms of the agreement receives inventory from the supplier. “Dealer” also includes a franchisee who otherwise meets the requirements of a dealer; (6) “Franchise” or “franchise agreement” means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise; provided, that a franchise is not created by a lease, license or concession granted by a dealer to sell goods or furnish services on or from premises that are occupied by the dealer-grantor primarily for its own merchandising activities; (7) “Franchisee” means a person to whom a franchise is offered or granted; (8) “Franchisor” means a person who grants a franchise to another person; (9) “Inventory” means motorcycles, off-road vehicles, attachments and repair parts; (10) “Motorcycle” means a motorcycle as defined in § 55-1-103; (11) “Net cost” means the price the dealer actually paid to the supplier for the inventory, less any applicable trade, volume, or cash bonus discounts, plus freight and set-up expense; (12) “Off-road vehicle” means any off-road motorcycle, all-terrain vehicle, utility vehicle or dune buggy; (13) “Person” means a sole proprietor, partnership, corporation, or any other form of business organization; (14) “Retail agreement” means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons: (A) By which a person receives the right to: (i) Sell or lease inventory or services at retail or wholesale; or (ii) Use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and (B) In which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the inventory or services; (15) “Superseded part” means any part that will provide the same function as a currently available part as of the date of cancellation; (16) “Supplier” means a person who enters into a retail agreement and who, under the terms of the agreement, provides inventory or services to a dealer. “Supplier” includes a: (A) Wholesaler; (B) Manufacturer; (C) Franchisor; (D) Person that is a parent corporation or an affiliated corporation of a person identified in this subdivision (16); and (E) A field representative, an officer, an agent, or another direct or indirect representative of a person identified in this subdivision (16); and (17) “Terminate” includes the failure to renew. History Acts 2007, ch. 188, § 3; 2009, ch. 33, § 1; 2013, ch. 226, § 2; 2016, ch. 1015, §§ 6, 12; 2018, ch. 585, § 5; 2021, ch. 103, § 3. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1903. Retail agreement modifications for good cause. (a) No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. “Good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the retail agreement if the requirements are not different from those imposed on other dealers similarly situated in this state. In addition, good cause exists whenever: (1) There has been a closeout on the sale of a substantial part of the dealer's assets related to the business, or there has been a commencement of a dissolution or liquidation of the dealer; (2) The dealer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld; (3) The dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier; (4) The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned the business; (5) The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier; or (6) The dealer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership; however, good cause does not exist if the supplier consents to an action described in this subdivision (a)(6). (b) Except as otherwise provided in this section, a supplier shall provide a dealer with at least ninety (90) days' written notice of termination, cancellation or nonrenewal of the retail agreement and a sixty-day right to cure the deficiency. If the deficiency is cured within the allotted time, the notice is void. In a case where cancellation is enacted due to market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice shall state all reasons constituting good cause for termination, cancellation or nonrenewal of the retail agreement. History Acts 2007, ch. 188, § 4. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1904. Retailer's right to have inventory repurchased. Whenever any dealer enters into a retail agreement with a supplier, evidenced by a written or oral contract, in which the dealer agrees to maintain an inventory of motorcycles, off-road vehicles, and attachments, inventory of parts and to provide service thereon, and the contract is terminated, then the supplier shall repurchase the inventory as provided in § 47-25-1906. The dealer may keep the inventory if the dealer desires. If the dealer has any outstanding debts to the supplier, then the repurchase amount may be set off or credited to the dealer's account. History Acts 2007, ch. 188, § 5. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1905. Prohibited supplier actions. No supplier shall: (1) Coerce any dealer to accept delivery of inventory, parts or accessories that the dealer has not ordered voluntarily, except as required by any applicable law, or unless parts or accessories are safety parts or accessories required by the supplier; (2) Condition the sale of additional inventory to a dealer upon a requirement that the dealer also purchase other goods or services, except that a supplier may require the dealer to purchase those parts reasonably necessary to maintain the quality of operation in the field of the inventory used in the trade area; (3) Coerce a dealer into refusing to purchase inventory manufactured by another supplier; or (4) Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the dealer's control. History Acts 2007, ch. 188, § 6. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1906. Termination and repurchase — Price and associated costs. (a) A dealer who enters into a written retail agreement with a supplier to maintain a stock of motorcycles, off-road vehicles, or related parts and attachments has the following rights to payment upon repurchase, at the option of the dealer, if the retail agreement is terminated: (1) The supplier shall repurchase, at one hundred percent (100%) of the current net price, all new, unsold, undamaged and complete motorcycles, off-road vehicles and attachments; (2) The supplier shall repurchase, at ninety percent (90%) of the current net price, all new, unused and undamaged and superseded repair parts; (3) The supplier shall repurchase, at ten percent (10%) of the current net price, all new, unused and undamaged repair parts returned to cover the cost of handling, packing and loading. The supplier shall have the option of performing the handling, packing and loading in lieu of paying the ten percent (10%) for these services; (4) The supplier shall purchase, at its amortized value, any specific data processing hardware and software and telecommunications equipment that the supplier required the dealer to purchase within the past five (5) years; and (5) The supplier shall repurchase, at one hundred percent (100%) of the net cost, specialized repair tools purchased in the previous three (3) years and, at seventy-five percent (75%) of the net cost, specialized repair tools purchased in the previous four (4) through six (6) years and, at fifty percent (50%) of the net cost, specialized repair tools purchased more than six (6) years previous pursuant to the requirements of the supplier and held by the dealer on the date of termination. The specialized repair tools must be unique to the supplier's product line and must be in complete and resalable condition. (b) Motorcycles, off-road vehicles and attachments used in demonstrations, including inventory leased primarily for demonstration or lease, shall also be subject to repurchase under this part at its agreed depreciated value; provided, that the inventory is in new condition and has not been abused. History Acts 2007, ch. 188, § 7. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1907. Title to repurchased inventory — Account adjustments. Upon payment of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the supplier. Annually, at the end of each calendar year, after termination or cancellation, the dealer's reserve account for recourse, retail sale or lease contracts shall not be debited by a supplier or lender for any deficiency unless the dealer or the heirs of the dealer have been given at least seven (7) business days' notice by certified or registered United States mail, return receipt requested, of any proposed sale of the inventory financed and an opportunity to purchase the inventory. The former dealer or the heirs of the dealer shall be given quarterly status reports on any remaining outstanding recourse contracts. As the recourse contracts are reduced, any reserve account funds shall be returned to the dealer or the heirs of the dealer in direct proportion to the liabilities outstanding. History Acts 2007, ch. 188, § 8. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1908. Exceptions to repurchase requirement. This part does not require repurchase from a dealer of: (1) Any repair part that, because of its condition, is not resalable as a new part; (2) Any inventory for which the dealer is unable to furnish evidence of title and ownership in the dealer that is free and clear of all claims, liens and encumbrances to the satisfaction of the supplier; (3) Any inventory that a dealer desires to keep; provided, that the dealer has a contractual right to do so, pursuant to the retail agreement; (4) Any motorcycle, off-road vehicle and attachments that are not in new, unused, undamaged, complete condition; provided, that the inventory used in demonstrations or leased as provided in § 47-25-1906(b) shall be considered new and unused; (5) A repair part that is not in new, unused, or undamaged condition; (6) A motorcycle, off-road vehicle, or attachment that was purchased more than forty-eight (48) months prior to notice of the termination of the retail agreement; (7) Any inventory that was ordered by the dealer on or after the date of notification of termination of the retail agreement; and (8) Any inventory that was acquired by the dealer from a source other than the supplier that is a party to the retail agreement that is being terminated. History Acts 2007, ch. 188, § 9. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1909. Civil liability for failure to repurchase — Remedies. (a) If any supplier fails or refuses to repurchase and pay the dealer for any inventory covered under this part within sixty (60) days after shipment of the inventory, the supplier shall be civilly liable for one hundred percent (100%) of the current net price of the inventory, plus any freight charges paid by the dealer, the dealer's attorney fees, court costs and interest on the current net price computed at the legal interest rate from the sixty-first day after date of shipment. (b) A dealer may bring an action for civil damages in a court of competent jurisdiction against any supplier found violating any of the provisions of this part, and may recover damages sustained as a consequence of the supplier's violations, together with all costs and attorneys' fees. (c) The dealer shall be entitled to injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances of the retail agreement. (d) The remedies in this section are in addition to any other remedies permitted by law. History Acts 2007, ch. 188, § 10. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1910. Death of retailer or major stockholder — Repurchase option of heirs — Succession. (a) In the event of the death of the dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heir or heirs, repurchase the inventory from the heir or heirs of the dealer or majority stockholder as if the supplier had terminated the contract. The heir or heirs shall have one (1) year from the date of the death of the dealer or majority stockholder to exercise their options under this part. Nothing in this part shall require the repurchase of any inventory if the heir or heirs and the supplier enter into a new contract retail agreement to operate the retail dealership. (b) A supplier shall have ninety (90) days in which to consider and make a determination upon a request by a family member to enter into a new retail agreement to operate the retail dealership. As used in this subsection (b), “family member” means a spouse, child, son-in-law, daughter-in-law or lineal descendant of the dealer or principal owner of the dealership. In the event the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for nonacceptance. This section does not entitle an heir, personal representative or family member to operate a dealership without the specific written consent of the supplier. (c) Notwithstanding this section, in the event that a supplier and a dealer have previously executed an agreement concerning succession rights prior to the dealer's death and, if the agreement has not been revoked, the agreement shall be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor. History Acts 2007, ch. 188, § 11. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1911. Security interests not affected — Exemption from bulk sales law — Inspection. This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items. History Acts 2007, ch. 188, § 12. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1912. Applicability. This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers. History Acts 2007, ch. 188, § 13. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1913. Waiver — Severability. (a) This part shall not be waivable in any contract, and any such attempted waiver shall be null and void. (b) Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void. (c) If any provision of this part or the application of this part is held invalid, it shall not affect other provisions, items or applications of this part that can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are declared severable. History Acts 2007, ch. 188, § 14. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 19 Motorcycle and Off-Road Vehicle Dealer Fairness Act 47-25-1914. Applicability of franchise provisions. (a) Franchise agreements are included in the definition of retail agreements in this part. Although all franchise agreements are considered retail agreements, not every retail agreement constitutes a franchise. Where a relationship qualifies as a franchise under part 15 of this chapter, part 15 shall apply to such franchises. Part 15 of this chapter shall not apply to the retail agreements contained in this part unless the agreement constitutes a franchise. (b) This part is remedial and supplementary to any other law of this state that provides rights and protections to franchisees. (c) The provisions of this part that provide procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal of the franchise agreement shall be effective and supplementary to part 15 of this chapter, where applicable. (d) In the event a conflict with respect to franchises exists between part 15 of this chapter and this part, part 15 shall control. History Acts 2007, ch. 188, § 15. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2001. Short title. This part shall be known and may be cited as the “Tennessee Renewable Fuels Blending Act of 2009.” History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2002. Part definitions. As used in this part, unless the context otherwise requires: (1) “Biodiesel” (biodiesel fuel blending stock) means a fuel comprised of mono-alkyl esters of long chain fatty acids meeting the requirements of ASTM D 6751; (2) “Blending Stock” means any liquid compound used for blending with other liquid compounds, including catalytically reformed products and additives, to produce gasoline and gasoline-oxygenate blends that are consistent with the requirements of chapter 18, part 13 of this title. Blending stock includes such products as sub-octane gasoline, conventional blending stock for oxygenate blending (CBOB) and reformulated blending stock for oxygenate blending (RBOB); (3) “Ethanol,” also known as denatured fuel ethanol, means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. Ethanol is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine. The denatured fuel ethanol is first made unfit for drinking by the addition of the alcohol and tobacco tax and trade bureau (TTB) approved substances before blending with gasoline; (4) “Permissive supplier” means any person that is not subject to the general taxing jurisdiction of this state, but that: (A) Is a position holder in a federal qualified terminal located outside this state; (B) Is registered for transactions in taxable motor fuels under § 4101 of the Internal Revenue Code, codified in 26 U.S.C. § 4101, in the bulk transfer/terminal distribution system; and (C) Acquires products in such out-of-state terminals from position holders in transactions that otherwise qualify as two-party exchanges; (5) “Person” means a natural person, partnership, firm, association, corporation, limited liability company, court appointed representative, state, political subdivision or any other entity, group or syndicate; (6) “Position holder” means the person that holds the inventory position in petroleum products in a terminal, as reflected in the records of the terminal operator. A person holds the inventory position in petroleum products when that person has a contract with the operator for the use of storage facilities and terminaling services for petroleum products at the terminal. “Position holder” includes a terminal operator that owns petroleum products in the terminal; (7) “Refiner” means a person that owns, operates or otherwise controls a refinery within the United States; (8) “Refinery” means a facility used to produce motor fuel from crude oil, unfinished oils, natural gas liquids or other hydrocarbons, and from which motor fuel may be removed by pipeline, by marine vessel or at a rack; (9) “Retail station” means any service station, garage, truck stop or other outlet dispensing motor fuel from a container equipped with a computer-type pump that measures fuel passing through it; (10) “Retailer” means a person that engages in the business of selling or distributing petroleum products to the end user within this state through a retail station; (11) “Supplier” means a person that meets all the following conditions: (A) Is subject to the general taxing jurisdiction of this state; (B) Is registered under § 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal system; and (C) Is one of the following: (i) The position holder in a terminal or refinery in this state, or is one that receives fuel from a position holder within a terminal or refinery in this state; (ii) A person that imports taxable petroleum products into this state from a foreign country; (iii) A person that acquires taxable petroleum products from a terminal or refinery outside this state for import into this state on such person's account; or (iv) A person that is the receiving supplier on a two-party exchange; (12) “Terminal” means a storage and distribution facility for taxable motor fuel, supplied by pipeline or marine vessel, that is registered as a qualified terminal by the internal revenue service; (13) “Two-party exchange” means a transaction in which a petroleum product is transferred from one licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier pursuant to an exchange agreement: (A) Which transaction includes a transfer from the person that holds the inventory position for taxable motor fuel in the terminal as reflected on the records of the terminal operator; and (B) The exchange transaction is completed prior to removal of the product from the terminal by the receiving exchange partner; and (14) “Wholesaler” means an entity that acquires petroleum products from a supplier, importer or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, transport trucks or vessels, and subsequently resells to retailers, other wholesalers or to consumers from its own or its wholly owned affiliated retail locations. History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2003. Availability to wholesalers of gasoline, gasoline blending stock or diesel that has not been blended, but is suitable for blending. All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall make available to a wholesaler diesel that is suitable for blending with biodiesel. Diesel sold by refiners, suppliers and permissive suppliers to wholesalers may contain up to five percent (5%) biodiesel. Gasoline and gasoline blending stock, as applicable, must be made available with detergent additives in sufficient concentrations such that after the addition of ethanol at the maximum volume percent permitted by state and federal law, the final product meets or exceeds the lowest additive concentrations as required by the federal environmental protection agency (EPA). History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2004. Contract provisions forbidding, limiting or restricting blending void. Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler's ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or the holder of a trademark from selecting its own customers in bona fide transactions and not in restraint of trade, and from including in its contracts, franchise or licensing agreements those reasonable terms that allow the franchisor or licensor to require its franchisees or licensees to maintain the quality and integrity of the blended products produced under this part so long as the terms are consistent with the Tennessee Petroleum Trade Practices Act, compiled in part 6 of this chapter, the Federal Petroleum Marketing Practices Act, compiled in 15 U.S.C. § 2801 et seq. and § 47-25-2003. History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2005. Complaints — Fines for noncompliance — Enforcement. (a) Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of the willful violation. The fines shall be used to pay for the cost of investigation, hearing and other related administrative costs. The remainder of the funds shall be used to fund grants designated by the commissioner of agriculture for the promotion of biofuel research, technology or agricultural development, biofuel production facilities or retail infrastructure and installation for biofuel distribution. (b) Upon receiving a complaint and initiating an investigation, the commissioner or the commissioner's agent, presenting appropriate credentials, is authorized to enter the place of business of any refiner, supplier or permissive supplier in this state during normal business hours to examine, and obtain samples of, such records as may be necessary to determine compliance with this part. Refiners, suppliers and permissive suppliers in this state shall hold the records open for inspection by all officers or inspectors charged with the enforcement of this part, and shall preserve and retain the records for a period of at least one (1) year. If the owner of any refiner, supplier or permissive supplier, or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with this section, the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection. (c) A refinery, supplier, or permissive supplier who is aggrieved by a proposed departmental order to enforce provisions of this part shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ---------------------------------------------------------------------- Current through the 2026 Regular Session and the 2026 2nd Extraordinary Session. Tennessee Code Table of Contents PAW- ET TABLE OF CONTENTSTitle 47 Commercial Instruments And TransactionsChapter 25 Trade PracticesPart 20 Tennessee Renewable Fuels Blending Act of 2009 47-25-2006. Standards — Liability. Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending stock or diesel pursuant to this part. History Acts 2009, ch. 523, § 1. TENNESSEE CODE ANNOTATED Copyright © 2026 by The State of Tennessee All rights reserved About Privacy Policy Trust Center Cookie Policy Terms & Conditions ----------------------------------------------------------------------