SB 2218 — Third-party service; prohibit from using logo or intellectual property belonging to a restaurant without agreement.

2218 (As PassedSent theto Senate)Governor) 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,MENU, LIKENESS,LOGO 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 NAMEMENU, ORLOGO LIKENESS OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER WITHOUT AN AGREEMENT;

TO PROVIDEPROHIBIT AAN RIGHTINDEMNITY TOCLAUSE BRING ACTION RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNER IN VIOLATIONSUCH OFAGREEMENT; THIS ACT;

TO PROVIDE PENALTIESA RIGHT TO BRING ACTION RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE NAME,MENU, LIKENESS,LOGO TRADEMARK, OR INTELLECTUAL PROPERTY OF A RESTAURANT AND RESTAURANT OWNERS IN VIOLATION OF THIS ACT;

TO PROVIDE PENALTIES RELATING TO THIRD-PARTY DELIVERY SERVICES THAT USE THE MENU, LOGO OR INTELLECTUAL PROPERTY OF A RESTAURANT IN VIOLATION OF THIS ACT;

(a) "Agreement" means a written contractual agreement between the restaurantsrestaurant, andthe restaurant ownersowner 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.

2218 *SS26/R575PS**SS36/R575SG* ~ OFFICIAL ~ G1/2 23/SS26/R575PS23/SS36/R575SG PAGE 1 (b)(c) "Consumer""Logo" means athe person,logo, business,motto or otherany entityidentifiable thatsymbols placesattributed anand ordereasily foridentified restaurantas productsbelonging throughto thea third-partyspecific deliveryrestaurant. platform.

(c)(d) "Likeness""Restaurant" means theand logo,includes motto,a restaurant or anyentity identifiablewith symbolsa attributedfood andpermit easilyas identifiedlisted aswith belongingthe toMississippi aDepartment specificof restaurant.Health.

(d)(e) "Restaurant""Third-party delivery platform" means the online communication platform of the third-party delivery service on which a restaurant.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 smartphones and other mobile devices.

(e)(f) "Third-party delivery platform"service" means thea onlinecompany, communicationorganization platformor ofother theentity, third-partyother deliverythan service on which a consumerrestaurant, canthat viewis andlicensed searchto thedo menusbusiness ofin restaurantsthis andstate place an order for restaurant products through internet-enabled technology and digitalprovides media,limited includingdelivery websitesservices andto consumera applicationsconsumer. 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.

(1) In the absence of an agreement, a third-party delivery service shall not advertise, promote,promote or otherwise convey any relationship with a restaurant and restaurant ownerowner, or use the name,menu, likeness,logo trademark, or intellectual property belonging to a restaurant and restaurant owner on the third-party delivery platform.

(2) A restaurant whose menu, logo or intellectual property is used by a third-party delivery service in violation of this act S.

2218 *SS26/R575PS**SS36/R575SG* ~ OFFICIAL ~ 23/SS26/R575PS23/SS36/R575SG PAGE 2 (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,menu, likeness,logo 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 FiveTwo Thousand Five Hundred Dollars ($5,000.00),($2,500.00), or the amount of the restaurantrestaurant's and restaurant owner's actual damages, whichever is greater.

The court may, in its discretion, award attorney fees to the prevailing party.

This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.

2218 *SS26/R575PS**SS36/R575SG* ~ OFFICIAL ~ 23/SS26/R575PS23/SS36/R575SG ST:

prohibit from using PAGE 3 name,logo likeness, trademark or intellectual property ofbelonging merchantto a restaurant without agreement.