{"data":{"id":"us-ky/krs-367.352","jurisdiction":"us-ky","citation":"KRS 367.352","heading":"Prohibition against the unauthorized use of financial institution -related","body":"names, characters, and trademarks in marketing and solicitations --\nExceptions -- Enforcement and penalties -- Administrative regulations.\n(1) As used in this section:\n(a) 1. \"Financial institution\" means any bank, bank holding company, trust\ncompany, savings and loan association, savings and loan association\nholding company, credit union, mortgage loan company, mortgage loan\nbroker, consumer loan company, broker -dealer, co vered adviser,\ninvestment adviser, or wholly owned subsidiary of any of the foregoing,\nthat is organized under the laws of this state, any other state, or the\nUnited States.\n2. As used in this paragraph, \"broker -dealer,\" \"covered adviser,\" and\n\"investment adviser\" have the same meaning as in KRS 292.310; and\n(b) \"Person\" has the same meaning as in KRS 367.110.\n(2) Except as provided in subsection (3) of this section, a person that is not a financial\ninstitution shall not use the following in any marketing m aterial, solicitation, or\nadvertising distributed in this state:\n(a) The name, trade name, trademark, service mark, logo, or symbol, or any\ncombination thereof, of any financial institution; or\n(b) Any name, trade name, trademark, service mark, logo, or sy mbol, or any\ncombination thereof, that is similar to the name, trade name, trademark,\nservice mark, logo, or symbol of any financial institution.\n(3) Subsection (2) of this section shall not apply if:\n(a) The marketing material, solicitation, or advertising is distributed with the\nconsent of the financial institution, which may be provided by the financial\ninstitution in written or electronic format; or\n(b) 1. The person includes the following notice in the  marketing material,\nsolicitation, or advertising:\n\"This marketing material, solicitation, or advertising did not originate\nfrom, is not endorsed by, and has not been consented to by [insert name\nof financial institution and any affiliated trade name, tra demark, service\nmark, logo, or symbol used in the marketing material, solicitation, or\nadvertising].\"\n2. The notice required under subparagraph 1. of this paragraph shall be:\na. In boldface type that is not smaller than the type for any use\nreferenced in subsection (2) of this section; and\nb. In a conspicuous location:\ni. On the face of the marketing material, solicitation, or\nadvertising; and\nii. In any other area of the marketing material, solicitation, or\nadvertising where any use referenced in subsection (2) of this\nsection is visible or printed.\n(4) (a) A violation of this section shall be deemed to be an unfair, false, misleading,\nor deceptive act or practice in the conduct of trade or commerce in violation\nof KRS 367.170.\n(b) All of the remedies, powe rs, and duties provided to the Attorney General or\nany other person under KRS 367.110 to 367.300, and the penalties provided\nin KRS 367.990, pertaining to acts and practices declared unlawful by KRS\n367.170, shall apply with equal force and effect to a violation of this section.\n(5) (a) The Attorney General may institute an action in any court of competent\njurisdiction against any person alleged to have violated this section.\n(b) A trade organization representing one (1) or more financial institution\nindustries may institute an action in any court of competent jurisdiction\nagainst any person alleged to have violated this section with respect to two (2)\nor more financial institutions that are members of the represented industry or\nindustries.\n(c) A financial institution may institute an action in any court of competent\njurisdiction against any person alleged to have used the following in violation\nof this section:\n1. The financial institution's name, trade name, trademark, service mark,\nlogo, or symbol, or any combination thereof; or\n2. Any name, trade name, trademark, service mark, logo, or symbol, or any\ncombination thereof, that is similar to the financial institution's name,\ntrade name, trademark, service mark, logo, or symbol.\n(d) In any action brought und er this subsection, if the court finds that the person\nhas violated this section:\n1. The plaintiff may:\na. Obtain an injunction to enjoin a continuance of the unlawful\nactivity;\nb. Recover damages at three (3) times the amount of any actual\ndamages sustain ed, which shall be paid to the injured person or\npersons; and\nc. Be awarded reasonable attorney's fees and costs; and\n2. In addition to the remedies and penalties provided under subparagraph\n1. of this paragraph:\na. A plaintiff who is a trade organization or financial institution may\nrecover a statutory penalty in the amount of five thousand dollars\n($5,000) per violation; and\nb. The Attorney General may recover civil penalties in the amount of\nfive thousand dollars ($5,000) per violation.\n(e) It shall not be necessary that actual damages be alleged or proved in order to\nrecover injunctive relief, attorney's fees and costs, or the statutory penalty or\ncivil penalties referenced in paragraph (d)2. of this subsection.\n(6) (a) The remedies and penalties prescribed in this section shall be cumulative.\n(b) Nothing in this section shall be construed to limit or restrict the powers,\nduties, remedies, or penalties available to the Attorney General, the\nCommonwealth, or any other person under any other statutory or common\nlaw.\n(7) The Attorney General may promulgate administrative regulations in accordance\nwith KRS Chapter 13A necessary to ef fectuate, or as an aid to the effectuation of,\nthe proper enforcement of this section.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54493","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"2d09aeeb8c88053fb5d28b986f032fe1bfd69ca585a694aa0badc1cb02ce1450","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.350","next":"us-ky/krs-367.354"},"notice":"GroundRules: Original legal text. Not legal advice."}