Sec. 419.001. DEFINITIONS. (a) In this chapter:
(1) "Representation of the division's logo" includes a nonexact representation that is deceptively similar to the logo used by the division.
(2) "Representation of the state seal" has the meaning assigned by Section 17.08(a)(2), Business & Commerce Code.
(b) A term or representation is "deceptively similar" for purposes of this chapter if:
(1) a reasonable person would believe that the term or representation is in any manner approved, endorsed, sponsored, authorized by, the same as, or associated with the division, the department, this state, or an agency of this state; or
(2) the circumstances under which the term is used could mislead a reasonable person as to its identity.
(c) For purposes of this chapter, a person acts in a "deceptive manner" if the person knows or should know that the person's actions would convey, or could reasonably be interpreted or construed as conveying, the false impression that:
(1) an item is approved, endorsed, sponsored, authorized by, the same as, or associated with the division, the department, this state, or an agency of this state; or
(2) the person represents, speaks for, or has an authorization from the division, the department, this state, or an agency of this state.
Added by Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.287, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 743 (S.B. 381), Sec. 1, eff. September 1, 2013.
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