2023 Regular Session
To: Business and Financial Institutions
By: Senator(s) McMahan
AN ACT TO PROVIDE DEFINITIONS RELATING TO THIRD-PARTY DELIVERY SERVICES THAT ADVERTISE, PROMOTE OR CONVEY ANY RELATIONSHIP WITH A RESTAURANT AND RESTAURANT OWNER OR USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY BELONGING TO A RESTAURANT AND RESTAURANT OWNER ON THE THIRD-PARTY DELIVERY PLATFORM; TO PROHIBIT THIRD-PARTY DELIVERY SERVICES FROM USING THE NAME OR LIKENESS OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER WITHOUT AN AGREEMENT; TO PROVIDE A RIGHT TO BRING ACTION RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER IN VIOLATION OF THIS ACT; TO PROVIDE PENALTIES RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNERS IN VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words and phrases have the following meanings, unless the context clearly indicates otherwise:
(a) "Agreement" means a written contractual agreement between the restaurants and restaurant owners and the third-party delivery service.
(b) "Consumer" means a person, business, or other entity that places an order for restaurant products through the third-party delivery platform.
(c) "Likeness" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.
(d) "Restaurant" means a restaurant or other retail entity.
(e) "Third-party delivery platform" means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of restaurants and place an order for restaurant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices.
(f) "Third-party delivery service" means a company, organization, or other entity, other than a restaurant, that is licensed to do business in this state and provides limited delivery services to a consumer.
SECTION 2. (1) In the absence of an agreement, a third-party delivery service shall not advertise, promote, or otherwise convey any relationship with a restaurant and restaurant owner or use the name, likeness, trademark, or intellectual property belonging to a restaurant and restaurant owner on the third-party delivery platform.
(2) A restaurant and restaurant owner whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this chapter shall have the right to bring an action in a court of competent jurisdiction.
(3) Upon a finding by a court of competent jurisdiction that a third-party delivery service used the name, likeness, trademark, or intellectual property of a restaurant and restaurant owner in violation of this act, the court may impose a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00), or the amount of the restaurant and restaurant owner's actual damages, whichever is greater. The court may, in its discretion, award attorney fees to the prevailing party.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.