MISSISSIPPIHouse LEGISLATUREAmendments REGULARto SESSIONSenate 2023Bill By:No.

Senator(s)2218 McMahanTO To:THE SECRETARY OF THE SENATE:

BusinessTHIS andIS FinancialTO InstitutionsINFORM SENATEYOU BILLTHAT NO.THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

2218AMENDMENT (AsNO. Passed the Senate) 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;

TO1 PROHIBITAmend THIRD-PARTYby DELIVERYstriking SERVICESall FROMafter USINGthe THEenacting NAMEclause ORand LIKENESSinserting ORin ANYlieu INTELLECTUALthereof PROPERTYthe OFfollowing: 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:

(a) "Agreement" means a written contractual agreement between the restaurantsrestaurant, andthe restaurant ownersowner and the third-party delivery service.

S.(b) "Consumer" means a person, business, or other entity that places an order for restaurant products through the third-party delivery platform.

B.(c) "Logo" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.

No.(d) "Restaurant" means and includes a restaurant or entity with a food permit as listed with the Mississippi Department of Health.

2218(e) *SS26/R575PS*"Third-party ~delivery OFFICIALplatform" ~means G1/2the 23/SS26/R575PSonline PAGEcommunication 1platform (b)of "Consumer"the meansthird-party delivery service on PAGE 12218 which a person,consumer business,can orview otherand entitysearch thatthe placesmenus of restaurants and place an order for restaurant products through theinternet-enabled third-partytechnology deliveryand platform.digital media, including websites and consumer applications accessible through smart phones and other mobile devices.

(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.

(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.

(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 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.

S.(2) A restaurant whose menu, logo or intellectual property is used by a third-party delivery service in violation of this act shall have the right to bring an action in a court of competent jurisdiction.

B.(3) Upon a finding by a court of competent jurisdiction that a third-party delivery service used the menu, logo 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 Two Thousand Five Hundred Dollars ($2,500.00), or the amount of the restaurant's actual damages, whichever is greater.

No.PAGE 22218 SECTION 3.

2218This *SS26/R575PS*act ~shall OFFICIALtake ~effect 23/SS26/R575PS PAGE 2 (2) A restaurant and restaurantbe owner whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violationforce offrom thisand chapterafter shallJuly have1, the2023. right to bring an action in a court of competent jurisdiction.

(3)Further, Uponamend a finding by astriking court of competent jurisdiction that a third-party delivery service used the name,title likeness,in trademark,its orentirety intellectual property of a restaurant and restaurantinserting owner in violationlieu ofthereof this act, the courtfollowing: 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.

TheAN courtACT may,TO inPROVIDE itsDEFINITIONS discretion,RELATING awardTO attorneyTHIRD-PARTY feesDELIVERY toSERVICES theTHAT prevailingADVERTISE, party.PROMOTE OR CONVEY ANY RELATIONSHIP WITH A RESTAURANT OR USE THE MENU, LOGO OR INTELLECTUAL PROPERTY BELONGING TO A RESTAURANT ON THE THIRD-PARTY DELIVERY PLATFORM;

SECTIONTO 3.PROHIBIT THIRD-PARTY DELIVERY SERVICES FROM USING THE MENU, LOGO OR ANY INTELLECTUAL PROPERTY OF A RESTAURANT WITHOUT AN AGREEMENT;

ThisTO actPROHIBIT shallAN takeINDEMNITY effectCLAUSE andIN beSUCH inAGREEMENT; force from and after July 1, 2023, and shall stand repealed on June 30, 2023.

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

B.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;

No.AND FOR RELATED PURPOSES.

2218HR31\SB2218A.J *SS26/R575PS*Andrew ~Ketchings OFFICIALClerk ~of 23/SS26/R575PSthe ST:House of Representatives PAGE 32218

Third-party service;

prohibit from using PAGE 3 name, likeness, trademark or intellectual property of merchant without agreement.