Maine Revised Statutes

Me. Rev. Stat. tit. 10, § 1211 (2026)

Definitions

✓ current as of May 2026

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As used in this chapter, unless the context otherwise requires: [PL 1969, c. 503 (NEW).]

1. Article. "Article" means a product as distinguished from its trademark, label or distinctive dress in packaging;

[PL 1969, c. 503 (NEW).]

2. Certification mark. "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization;

[PL 1969, c. 503 (NEW).]

3. Collective mark. "Collective mark" means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization;

[PL 1969, c. 503 (NEW).]

4. Mark. "Mark" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement;

[PL 1969, c. 503 (NEW).]

5. Person. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal or commercial entity;

[PL 1969, c. 503 (NEW).]

6. Service mark. "Service mark" means a mark used by a person to identify services and to distinguish them from the services of others;

[PL 1969, c. 503 (NEW).]

7. Trademark. "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others;

[PL 1969, c. 503 (NEW).]

8. Trade name. "Trade name" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify the person's business, vocation or occupation and distinguish it from the business, vocation or occupation of others.

[PL 2025, c. 390, Pt. A, §18 (AMD).]

SECTION HISTORY

PL 1969, c. 503 (NEW). RR 2023, c. 2, Pt. C, §23 (COR). PL 2025, c. 390, Pt. A, §18 (AMD).

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1986–2022 · leading case: DeJohn v. The. TV Corp. Intern., 245 F. Supp. 2d 913 (C.D. Ill. 2003).

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DeJohn v. The. TV Corp. Intern., 245 F. Supp. 2d 913 (C.D. Ill. 2003). “§§ 2531 to 2536 (Delaware); 10 M.R.S.A. §§ 1211 to 1216 (Maine); 78 Okl.”

Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D. Mass. 1998). “See 10 M.R.S.A. §§ 1211 et seq. The defendants contend that Sebago’s claim fails because the UDTA only provides injunc-tive relief to guard against future harm rather than to remedy a past wrong.”

Ambrose v. New England Ass'n of Schs. & Colleges, Inc., 100 F. Supp. 2d 48 (D. Me. 2000). · cites it 2× “(“NEA-SAC”), under the theory that NEASAC’s accreditation of Thomas College amounted to negligent misrepresentation, intentional misrepresentation, and unfair trade practices under the Maine Uniform Deceptive Trade Practices Act, 10 M.R.S.A. § 1211 et seq. After fifing the…”

L.L. Bean, Inc. v. Drake Publishers, Inc., 629 F. Supp. 644 (D. Me. 1986). · cites it 2× “§ 1114 (1); Count IV seeks relief based upon common law unfair competition; and Count V seeks relief for deceptive trade practices based upon 10 M.R.S.A. § 1211, et seq. The Complaint concludes with a general prayer for (1) injunctive relief, (2) an accounting for and payment of…”

Diagnostic Mktg. Int'l, Inc. v. Diamed, Inc., 707 F. Supp. 50 (D. Me. 1989). · cites it 3× “section 1125 (a), as well as violations of state law under 10 M.R.S.A. section 1211, et seq., 13-A M.”

Winterwood Farm, LLC v. JER, INC., 327 F. Supp. 2d 34 (D. Me. 2004). “, for JER’s alleged (i) false designation of origin and (ii) infringement of Winterwood’s registered trademark by use without authorization, see Complaint ¶¶ 1-21, and also suing JER for causing likelihood of confusion or misunderstanding as to source, sponsorship or approval of…”

Svenska Ortmedicinska Institutet v. DeSoto, 164 F. Supp. 2d 27 (D. Me. 2001). “§ 3576(1) (Count XI); and violation of the Uniform Deceptive Trade Practices Act, 10 M.R.S.A. § 1211 et seq. (Count XII). The Court has previously ordered the parties to arbitrate Counts I through IX and Count XII and has stayed Counts X and XI pending arbitration.”

Patane v. Nestle Waters North Am., Inc. (D. Conn. 2022). “5, §§ 205-A– 214; the Maine Uniform Deceptive Trade Practices Act, Me. Rev. Stat. tit. 10 §§ 1211–1216; the Massachusetts Consumer Protection Act, Mass.”

Violette v. Dish Network LLC (D. Me. 2021). “, and Uniform Deceptive Trade Practices Act, 10 M.R.S. § 1211 et seq. Even under a liberal reading of the Complaint, I conclude that it lacks “enough heft to show that the pleader is entitled to relief.”

Combined Mgmt., Inc. v. World Wide Pers. Servs. of Maine, Inc. (Me. Super. Ct 2002). “In order to establish a claim under the Deceptive Trade Practices Act in this case, 10 M.R.S.A. § 1211, et seq., the plaintiff must demonstrate that defendant World Wide failed to obtain workers’ compensation insurance and that it did not comply with the requirements of Maine…”

The Knowles Co. v. N.E. Harbor Insurers (Me. Super. Ct 2003). “Of those, the plaintiff’s claim at least satisfies the elements of an action under the Deceptive Trade Practices Act, 10 M.R.S.A. §§ 1211 et seq. In particular, the plaintiff has established that the defendant caused the likelihood of confusion regarding the source, sponsorship,…”

Snow v. Portland Hous. Auth. (Me. Super. Ct 2006). “Along with her memorandum in opposition to summary judgment, Plaintiff filed a motion to amend her complaint in order to add one count alleging violation of Maine's Uniform Deceptive Trade Practices Act ("UDTPA"), 10 M.R.S.A. §§ 1211 - 1216, against PHA as a governmental entity…”

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