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8-6-5
Section 8-6-5 Registration of securities - Registration by notification. (a) The following
securities may be registered by notification, whether or not they are also eligible for registration
by coordination under Section 8-6-6: (1) Any security whose issuer and any predecessors have
been in continuous operation for at least five years if: a. There has been no default during
the current fiscal year or within the three preceding fiscal years in the payment of principal,
interest, or dividends on any security of the issuer, or any predecessor, with a fixed maturity
or a fixed interest or dividend provision; and b. The issuer and any predecessors during the
past three fiscal years have had average net earnings determined in accordance with generally
accepted accounting practices which are applicable to all securities without a fixed maturity
or a fixed interest or dividend provision and which: 1. Equal at least five percent of the
amount of securities without a fixed maturity or a fixed...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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8-12-17
Section 8-12-17 Injunctive relief; famous marks. (a) Subject to the principles of equity, the
owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness,
in this state shall be entitled to an injunction against another person's commercial use of
a mark, if such use begins after the famous mark has become famous and is likely to cause
dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state
or a significant geographic area in this state as a designation of source of the goods or
services or the business of the mark's owner. In determining whether a mark is famous, a court
may consider factors such as, but not limited to: (1) The duration, extent, and geographic
reach of advertising and publicity of the mark in this state, whether advertised or publicized
by the owner or third parties. (2) The amount, volume, and geographic...
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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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8-12-8
Section 8-12-8 Application for registration; contents; signature and verification; filing fee.
(a) Subject to the limitations set forth in this article, any person who adopts and uses a
mark in this state may file in the office of the Secretary of State, on a form to be furnished
by the Secretary of State, an application for registration of that mark setting forth, but
not limited to, the following information: (1) The name and business address of the person
applying for such registration and, if a corporation, the state of incorporation; (2) A description
of the goods, services, or business in connection with which the mark is used and the mode
or manner in which the mark is used in connection with such goods, services, or business and
the class in which such goods, services, or business fall; (3) The date when the mark was
first used anywhere and the date when it was first used in this state by the applicant or
his predecessor in business; and (4) A statement that the applicant is...
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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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8-12-20
Section 8-12-20 Registration of names, marks, etc. Any person or corporation engaged in manufacturing,
bottling, or selling soda water, mineral or aerated waters, cider, ginger ale, milk, cream,
beer, ale, or other beverages in bottles, siphons, fountains, or kegs with his or its name
or other mark or device branded, stamped, engraved, etched, blown, impressed, or otherwise
produced upon such bottles, siphons, fountains, or kegs, or on the boxes used in such business,
may file in the office of the judge of probate of the county in which his, or its, place of
business is situated, and also in the office of the Secretary of State, a description of the
name, mark, or device so used and cause such description and a notice of its filing to be
printed once a week for three successive weeks in a newspaper published in the county in which
such notice is filed. (Code 1896, §5567; Code 1907, §7318; Code 1923, §4899; Code 1940,
T. 57, §89.)...
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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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9-17-100
Section 9-17-100 Definitions. As used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) AUTHORITY HAVING JURISDICTION. Alabama Liquefied Petroleum Gas Board. (2) BOARD. The Alabama
Liquefied Petroleum Gas Board. (3) BRANCH. A local unit of an LP-gas business that is one
or more of the following: a. A division or subdivision or a person doing business under a
name other than the Class A permit holder's name. b. A place where the day-to-day retail operations
of an LP-gas business are conducted and at which at least three of the following activities
occur or conditions exist: 1. Sales of appliances. 2. Orders are taken for LP-gas repair and
service. 3. Orders are taken to refill LP-gas systems either by phone or in person. 4. Employees
are present during a normal workday. 5. Is a place that requires a city or county license
to conduct business. (4) LP. Liquefied petroleum gas. (5) LPG....
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