Chapter 1 Idaho Competition Act 48-101 – 48-118
Chapter 2 Anti-Price Discrimination Act 48-201 – 48-206
Chapter 3 Idaho Patient Act [Effective January 1, 2021] 48-301 – 48-312
Chapter 5 Registration and Protection of Trademarks 48-501 – 48-518
Chapter 6 Consumer Protection Act 48-601 – 48-619
Chapter 7 Shoplifting 48-701 – 48-705
Chapter 8 Idaho Trade Secrets Act 48-801 – 48-807
Chapter 9 New Motor Vehicle Warranties — Manufacturer’s Duty to Repair, Refund or Replace 48-901 – 48-913
Chapter 10 Idaho Telephone Solicitation Act 48-1001 – 48-1010
Chapter 11 Idaho Pay-Per-Telephone Call Act 48-1101 – 48-1108
Chapter 12 Idaho Charitable Solicitation Act 48-1201 – 48-1206
Chapter 13 Music Licensing and Copyright Enforcement Act 48-1301 – 48-1308
Chapter 14 Assistive Technology Warranty Act 48-1401 – 48-1407
Chapter 15 Idaho Nonprofit Hospital Sale or Conversion Act 48-1501 – 48-1512
Chapter 16 Health-Related Cash Discount Cards 48-1601 – 48-1603
Chapter 17 Bad Faith Assertions of Patent Infringement 48-1701 – 48-1708
Chapter 18 Residential Solar Energy System Disclosure Act 48-1801 – 48-1809
Chapter 19 Idaho Charitable Assets Protection Act 48-1901 – 48-1914

Terms Used In Idaho Code > Title 48

  • Abandoned: shall mean when either of the following occurs:
Idaho Code 48-501
  • Accountable person: means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization. See Idaho Code 48-1903
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Applicant: shall mean the person filing an application for registration of a mark under this act, and the legal representatives, successors, or assigns of such person. See Idaho Code 48-501
  • Assistive device: is a n item, piece of equipment, or product system that is designated and used to increase, maintain or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself or working. See Idaho Code 48-1402
  • Assistive device dealer: means a person who is in the business of selling new assistive devices. See Idaho Code 48-1402
  • Assistive device lessor: means a person who leases new assistive devices to consumers, or who holds the lessor’s rights, under a written lease. See Idaho Code 48-1402
  • Attorney general: means the attorney general of the state of Idaho or the attorney general’s designee. See Idaho Code 48-1903
  • Certification mark: shall mean any word, name, symbol or device or any combination thereof: (a) used by a person other than its owner, or (b) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. See Idaho Code 48-501
  • Charitable asset: means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code. See Idaho Code 48-1903
  • Charitable organization: means a person who holds charitable assets regardless of the legal form. See Idaho Code 48-1903
  • Charitable purpose: means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community. See Idaho Code 48-1903
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Collateral costs: means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device. See Idaho Code 48-1402
  • Collective mark: shall mean a trademark or service mark: (a) used by the members of a cooperative, an association, or other collective group or organization; or (b) which such cooperative association or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, and includes marks indicating membership in a union, an association or other organization. See Idaho Code 48-501
  • Computer program: means information which is capable of causing a computer to perform logical operation(s) and:
  • Idaho Code 48-801
  • Consumer: means a person who, for primarily personal, family, or household purposes:
  • Idaho Code 48-1802
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Copyright owner: means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code, P. See Idaho Code 48-1302
  • Demand letter: means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or any similar assertion. See Idaho Code 48-1702
  • Dilution: shall mean the lessening of the capacity of registrant’s mark to identify and distinguish goods or services, regardless of the presence or absence of: (a) competition between the parties, or (b) likelihood of confusion, mistake or deception. See Idaho Code 48-501
  • Docket: A log containing brief entries of court proceedings.
  • Early termination savings: means an expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. See Idaho Code 48-1402
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Idaho person: means a person as defined in section 48-602, Idaho Code. See Idaho Code 48-1702
  • Improper means: include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Idaho Code 48-801
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Juristic person: shall mean a firm, partnership, corporation, limited liability company or partnership, union, association, or other organization capable of suing and being sued in a court of law. See Idaho Code 48-501
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, and a warrantor of the manufacturer’s assistive device. See Idaho Code 48-1402
  • Mark: shall mean any trademark, service mark, collective mark or certification mark entitled to registration under this act whether registered or not. See Idaho Code 48-501
  • Merchandise: means any personal property displayed, held or offered for sale by a merchant. See Idaho Code 48-703
  • Merchant: means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises. See Idaho Code 48-703
  • Minor: means any person less than eighteen (18) years of age. See Idaho Code 48-703
  • Misappropriation: means :
  • Idaho Code 48-801
  • Nonconformity: means a specific condition or generic defect or malfunction, or a defect or condition that substantially impairs the use, value or safety of an assistive device, but does not include a condition or defect that is the result of abuse or unauthorized modification or alteration of the assistive device by the consumer. See Idaho Code 48-1402
  • Nondramatic: means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play. See Idaho Code 48-1302
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performing rights society: means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. See Idaho Code 48-1302
  • Person: shall mean the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this act and includes a juristic person as well as a natural person. See Idaho Code 48-501
  • 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. See Idaho Code 48-801
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Premises: means any establishment or part thereof wherein merchandise is displayed, held or offered for sale. See Idaho Code 48-703
  • Proprietor: means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast or otherwise transmitted for the enjoyment of members of the public there assembled. See Idaho Code 48-1302
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Reasonable attempt to repair: means any of the following occurring within the term of an express warranty applicable to a new assistive device:
  • Idaho Code 48-1402
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Registrant: shall mean the person to whom the registration of a mark under this act is issued, and the legal representatives, successors or assigns of such person. See Idaho Code 48-501
  • Residential solar energy system: means a solar energy system that:
  • Idaho Code 48-1802
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail theft: means the alteration, transfer, or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail value with the intention of depriving the merchant of the value of such merchandise. See Idaho Code 48-703
  • royalties: means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works. See Idaho Code 48-1302
  • Service mark: shall mean 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. See Idaho Code 48-501
  • Service of process: The service of writs or summonses to the appropriate party.
  • Solar agreement: means a system purchase agreement or a system lease agreement. See Idaho Code 48-1802
  • Solar energy system: means a system or configuration of energy devices that collects and uses solar energy to generate electricity to be used by a consumer. See Idaho Code 48-1802
  • Solar retailer: means a person who:
  • Idaho Code 48-1802
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • System lease agreement: means an agreement:
  • Idaho Code 48-1802
  • System purchase agreement: means an agreement under which a consumer purchases a residential solar energy system, or the energy created from a residential solar energy system, from a solar retailer either outright or through installment payments. See Idaho Code 48-1802
  • Target: means an Idaho person:
  • Idaho Code 48-1702
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trade name: shall mean any name used by a person to identify a business or vocation of such person. See Idaho Code 48-501
  • Trade secret: means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:
  • Idaho Code 48-801
  • Trademark: shall mean 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 and sold by others, and to indicate the source of the goods, even if that source is unknown. See Idaho Code 48-501
  • Use: shall mean the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Idaho Code 48-501
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114