(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.
(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]
Section: Previous 648.057 648.060 648.061 648.070 648.080 648.081 648.090 648.100 648.105 648.110 648.115 648.125 648.130 648.135 648.990 NextLast modified: August 7, 2008