Oregon Statutes 648.135 – Effect of violation of ORS 648.007; damages and attorney fees; effect on other laws
(1) A person who carries on, conducts or transacts business in violation of ORS § 648.007 shall lack standing before the courts of this state to maintain a cause of action for the benefit of the business. The person may cure the incapacity at any time by complying with ORS § 648.007. Nothing in this section shall extend any statute of limitations.
Terms Used In Oregon Statutes 648.135
- Business: means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain. See Oregon Statutes 648.005
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means an individual or an entity. See Oregon Statutes 648.005
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) In any action or suit in which the cause of action arises out of business that the defendant carried on, conducted or transacted in violation of ORS § 648.007, the plaintiff shall be entitled to recover $500 or the actual costs that the court determines that the plaintiff reasonably incurred to ascertain the real and true name of the defendant, whichever is greater. The court may award reasonable attorney fees to the prevailing party in an action under this subsection.
(3) Except as provided in this section, nothing in this chapter shall abrogate or limit the law as to unfair competition or unfair trade practices or derogate from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and to protect trade names. [1985 c.728 § 93; 1987 c.390 § 1; 1995 c.454 § 12; 1995 c.618 § 106]