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6-5-773
Section 6-5-773 Relation to free speech; fair use; resale of lawfully-obtained products; commencement
of action. (a) Nothing in this article will allow for an abridgement of free speech rights
under the First Amendment of the United States Constitution and Section 4 of the Constitution
of Alabama of 1901. (b) It is a fair use and not a violation of Section 6-5-772 if the use
of the indicia of identity is in connection with a news, public affairs, or public interest
account, political speech or a political campaign, live or prerecorded broadcast or streaming
of a sporting event or photos, clips, or highlights included in broadcasts or streaming of
sports news or talk shows, or documentaries, or any advertising or promotion of the same (public
interest work), or is part of an artistic or expressive work, such as a live performance,
work of art, literary work, theatrical work, musical work, audiovisual work, motion picture,
film, television program, radio program or the like (artistic...
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8-12-13
Section 8-12-13 Cancellation. The Secretary of State shall cancel from the register: (1) After
one year from January 1, 1981, all registrations under prior acts or informal registration
which have not been registered in accordance with this article; (2) Any registration concerning
which the Secretary of State shall receive a voluntary request for cancellation thereof from
the registrant or the assignee of record; (3) All registrations granted under this article
and not renewed in accordance with the provisions of Section 8-12-10; (4) Any registration
concerning which a court of competent jurisdiction shall find: a. That the registered mark
has been abandoned; b. That the registrant is not the owner of the mark; c. That the registration
was granted improperly; d. That the registration was obtained fraudulently; or e. That the
registered mark is so similar, as to be likely to cause confusion or mistake or to deceive,
to a mark registered by another person in the United States patent and...
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8-12-16
Section 8-12-16 Liability to civil action for infringement. Subject to the provisions of Section
8-12-19, any person who shall: (1) Use, without the consent of the registrant, any reproduction,
counterfeit, copy, or colorable imitation of a mark registered under this article in connection
with a business, or with the sale, offering for sale, or advertising of any goods or services,
and such use is likely to cause confusion or mistake or to deceive as to the source of origin
of such goods or services or the sponsorship of such business; or (2) Reproduce, counterfeit,
copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or
colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements
intended to be used upon or in conjunction with the business or with the sale or other distribution
in this state of such goods or services; shall be liable to a civil action by the owner of
such registered mark for any or all of the...
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22-30-3
Section 22-30-3 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMISSION. The Environmental
Management Commission of the Alabama Department of Environmental Management as created by
Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environmental Management as created
by Section 22-22A-4. (3) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (4) DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into or on any land or water so that such hazardous waste or
any constituent thereof may enter the environment or be emitted into the air or discharged
into any waters, including ground waters. (5) HAZARDOUS WASTE. A solid waste, or combination
of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious
characteristics may: a. Cause, or significantly contribute to,...
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45-37A-331.35
Section 45-37A-331.35 Jurisdiction of Midfield Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Midfield Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this subpart and to issue orders
imposing the civil fines and costs set out in this subpart. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by United States mail.
(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission
of liability in the full amount of the civil fine assessed in the notice of violation. (d)
The civil fine shall not be assessed if, after a hearing, the...
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45-37A-42.05
Section 45-37A-42.05 Administrative hearings; contesting liability; fines and costs; affirmative
defenses. (a) An Administrative Hearing Officer appointed by the Mayor of the city is vested
with the power and jurisdiction to conduct administrative hearings of civil violations provided
for in this part. (b) A person who receives a notice of violation may contest the imposition
of the fine by submitting a request for an administrative hearing of the civil violation,
in writing, within 15 days of the 10th day after the date the notice of violation is mailed.
Upon receipt of a timely request, the city or its designee shall notify the person of the
date and time of the administrative hearing by U.S. mail. (c) Failure to pay a fine or to
contest liability in a timely manner is an admission of liability in the full amount of the
fine assessed in the notice of violation. (d) Any fine imposed pursuant to this part shall
not be collected if, after a hearing, the Administrative Hearing Officer...
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11-54-171
Section 11-54-171 Definitions. The following words and phrases used in this article shall,
in the absence of clear implication otherwise, be given the following interpretations: (1)
APPLICANT. A person who files a written application with the governing body of any municipality
in accordance with Section 11-54-173. (2) AUTHORITY. A public corporation organized pursuant
to this article. (3) AUTHORIZING MUNICIPALITY. Any municipality the governing body of which
shall have adopted an authorizing resolution. (4) AUTHORIZING RESOLUTION. A resolution adopted
by the governing body of any municipality in accordance with Section 11-54-173, that authorizes
the incorporation of an authority. (5) BOARD. The board of directors of an authority. (6)
BONDS. Includes bonds, notes, and certificates representing an obligation to pay money. (7)
COUNTY. Any county in the state. (8) DIRECTOR. A member of the board of an authority. (9)
GOVERNING BODY. With respect to a municipality, its city or town council,...
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13A-11-153
Section 13A-11-153 Prohibited acts. It shall be unlawful for any person to do any of the following:
(1) Intentionally release, steal, destroy, demolish, obliterate, or otherwise cause loss of
any animal or crop from an animal or crop facility without the consent of the owner. (2) Damage,
vandalize, or steal any property on or from an animal or crop facility. (3) Obtain access
to an animal or crop facility by false pretenses for the purpose of performing acts not authorized
by that facility. (4) Break and enter into any animal or crop facility with the intent to
destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials,
equipment, animals, or crops. (5) Knowingly obtain control by theft or deception that is unauthorized,
or to exert control that is unauthorized over any records, data, materials, equipment, animals,
or crops of any animal or crop facility for the purpose of depriving the rightful owner or
facility of records, materials, data, equipment,...
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2-17-24
Section 2-17-24 Conduct of investigations and requirement of reports as to organization, business,
practices, etc., of persons, firms, etc., engaged in intrastate commerce by commissioner;
access to copying, etc., of documentary evidence; powers of commissioner as to witnesses generally;
issuance of subpoenas and orders for taking of depositions; enforcement of subpoenas and orders
of commissioner, etc., generally; fees of witnesses, etc.; witnesses not to be excused from
testifying on grounds of self-incrimination; immunity from prosecution of witnesses as to
matters, etc., upon which compelled to testify. (a) The commissioner shall also have power:
(1) To gather and compile information concerning and to investigate from time to time the
organization, business, conduct, practices and management of any person, firm or corporation
engaged in intrastate commerce and the relation thereof to other persons, firms and corporations;
(2) To require, by general or special order, persons, firms...
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22-27-6
Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance
as public nuisance; citation; court proceedings. (a) The county commission may by resolution
or ordinance provide for the orderly collection of fees charged under the provisions of this
article. Such commission may establish periodic payment systems and is authorized to purchase
necessary supplies and materials and employ personnel necessary to effectuate any such periodic
payment system. Such periodic payment system may be effected by the county through negotiation
with any one or more public or private utilities providing service in the county for the periodic
billing of such fees and the collection thereof on behalf of the county by one or more such
utilities. Any delinquency in any such payment shall constitute a violation of this article
and entitle the county to pursue any remedy provided in this article. The county may agree
to pay reasonable compensation to any such utility for its...
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