Pub. 2 2023-2024 Directory

www.GADA.com | 79 approval by the manufacturer shall not be unreasonably withheld, and the dealer’s option to select a vendor shall not be available if the manufacturer provides substantial reimbursement for the goods or services offered. (B) If signs, other than signs containing the manufacturer’s brand or logo or freestanding signs that are not directly attached to a building, or other franchisor image or design elements or trade dress are to be leased to the dealer by a vendor selected, identified, or designated by the manufacturer, such dealer has the right to purchase the signs or other franchisor image or design elements or trade dress of comparable grade, quality, and overall design, and the same or substantially the same material and characteristics from a vendor selected by the dealer if such signs, franchisor image or design elements, or trade dress are approved by the manufacturer. Approval by the manufacturer shall not be unreasonably withheld. (C) Nothing in the paragraph shall be constructed to allow a dealer or vendor to impair, infringe upon, or eliminate, directly or indirectly, the intellectual property rights of the manufacturer including, but not limited to, the manufacturer’s intellectual property rights in any trademarks or trade dress, or other intellectual property interests owned or controlled by the manufacturer. (D) As used in this paragraph, the term: (i) ”Goods” shall not include movable displays, brochures and promotional materials containing material subject to the intellectual property rights of a manufacturer, including copyright, trademark, or trade dress rights or any manufacturer’s design or architectural review service. (ii) ”Substantial reimbursement” means an amount equal to or greater than the cost savings that would result if the dealer were to utilize a vendor of the dealer’s own selection instead of using the vendor identified by the manufacturer; or (11) Whether by agreement, program, incentive, or otherwise, to sell, lease, offer to sell or lease, solicit, or advertise the sale or lease of new motor vehicles in a manner that violates a law or any properly promulgated rule or regulation of this state. 10-1-662. Unlawful activities by franchisors. (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or that dealer´s business;

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