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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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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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7-2A-103
or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in
use or in the relevant market as a single whole. (d) "Conforming" goods or performance
under a lease contract means goods or performance that are in accordance with the obligations
under the lease contract. (e) "Consumer lease" means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a lessee who is an individual and who
takes under the lease primarily for a personal, family, or household purpose, if the
total payments to be made under the lease contract, excluding payments for options to renew
or buy, do not exceed $100,000. (f) "Fault" means wrongful act, omission, breach,
or default. (g) "Finance lease" means a lease with respect to which: (i) the lessor
does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the
right to possession and use of the goods in connection with the lease; and (iii) one of the
following...
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45-2-41.01
Section 45-2-41.01 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALER. A person whose business is the wholesale distribution of liquid
goods for resale and who is a grantee of a dealership agreement for the sale or distribution
of liquid goods at wholesale within Baldwin County. (3) DEALERSHIP AGREEMENT. An agreement
or contract, either express or implied, between two or more persons, by which a person is
granted the right to sell or distribute liquid goods, or use a trade name, trademark, service
mark, logotype, advertising, or other commercial symbol in the sale of liquid goods, in which
there is a community of interest in the business of offering, selling, or distributing liquid
goods at wholesale, retail, by lease, agreement, or otherwise. (4)...
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45-49-41
Section 45-49-41 Definitions. For purposes of this part, the following terms have the following
meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and
the grantee in either the operation of the dealership business or the marketing of such goods
and services. (2) DEALERSHIP AGREEMENT. An agreement or contract, either express or implied,
between two or more persons, by which a person is granted the right to sell or distribute
liquid goods, or use a trade name, trademark, service mark, logotype, advertising, or other
commercial symbol in the sale of liquid goods, in which there is a community of interest in
the business of offering, selling, or distributing liquid goods at wholesale, retail, by lease,
agreement, or otherwise. (3) GOOD CAUSE. Failure by a dealer to comply substantially with
a provision of the dealership agreement which is both reasonable and of material significance
to the business relationship between the dealer and grantor, provided...
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8-12-9
Section 8-12-9 Certificate of registration; issuance; use as evidence. (a) Upon compliance
by the applicant with the requirements of this article, the Secretary of State shall cause
a certificate of registration to be issued and delivered to the applicant. The certificate
of registration shall be issued under the signature of the Secretary of State and the seal
of the state, and it shall show the name and business address and, if a corporation, the state
of incorporation of the person claiming ownership of the mark, the date claimed for the first
use of the mark anywhere and the date claimed for the first use of the mark in this state,
the class of goods, services, or business and a description of the goods, services, or business
on which the mark is used, a reproduction of the mark, the registration date, and the term
of the registration. (b) Any certificate of registration issued by the Secretary of State
under the provisions of this section or a copy thereof duly certified by the...
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8-12-6
following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT.
The person filing an application for registration of a mark under this article and the person's
legal representative, successors, or assigns. (2) DILUTION. Dilution by blurring or dilution
by tarnishment, regardless of the presence or absence of: a. Competition between the owner
of the famous mark and other parties, or b. Actual or likely confusion, mistake, or deception,
or c. Actual economic injury. (3) DILUTION BY BLURRING. The association arising from
the similarity between a mark and a famous mark that impairs the distinctiveness of the famous
mark. (4) DILUTION BY TARNISHMENT. The association arising from the similarity between a mark
and a famous mark that harms the reputation of the famous mark. (5) MARK. Any trade name,
trademark, or service mark entitled to registration under this article whether registered
or not. (6) PERSON. Any individual, firm, partnership, corporation,...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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20-2-2
Section 20-2-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner
or, in his or her presence, his or her authorized agent. b. The patient or research subject
at the direction and in the presence of the practitioner. (2) AGENT. An authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The
term does not include a common or contract carrier, public warehouseman, or employee of the
carrier or warehouseman. (3) CERTIFYING BOARDS. The State Board of Medical Examiners, the
State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the
State Board of Podiatry, and the State Board of Veterinary Medical...
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40-11-1
and all capital invested in bonds or currency which are exempt from taxation shall be liable
to be taxed under this section should such capital at any time during the year be reconverted
into money, bonds, or property which is taxable, unless it is made to appear that the money,
bonds, or property into which such reconversion may be made has been assessed for taxes for
such year; (8) All roadbed, track, engines, cars, derricks, cranes, signals, crossties, and
other property, real and personal, of railroads, of mining and manufacturing plants,
and all tramroads, pole-roads, canals, ditches, and channels used for transporting or moving
mineral ore, lumber, timber, logs, minerals, coal, ore, sand, gravel, or other commodities,
whether raw or manufactured, which are not taxed as improvements on the land or plant or main
property, of the owner of such tramroads, pole-roads, canals, ditches, or channels; (9) Repealed
by Act 99-665, 2nd Sp. Sess., ยง 9. As to effective date, see the...
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