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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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10A-1-5.01
Section 10A-1-5.01 Effect on rights under other law. The filing of a certificate of formation
by a filing entity pursuant to this title, an application for registration or statement of
foreign limited liability partnership by a foreign filing entity pursuant to this title, or
an application for reservation or registration of a name pursuant to this article does not
authorize the use of a name in this state in violation of a right of another under: (1) The
Trademark Act of 1946, as amended, 15 U.S.C. Section 1051 et seq.; or (2) Chapter 12 of Title
8; or (3) Common law. (Act 2009-513, p. 967, §35; Act 2018-125, §1; Act 2019-94, §2.)...
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22-15A-3
Section 22-15A-3 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) BAR AND LOUNGE. Any establishment which is primarily devoted
to the serving of alcoholic beverages for consumption by patrons on the premises and in which
the serving of food is only incidental to the consumption of beverages. Although a restaurant
may contain a bar, the term "bar" shall not include the restaurant dining area.
(2) CHILD CARE FACILITY. Any facility caring for children. (3) DEPARTMENT. The Alabama Department
of Public Health. (4) EMPLOYER. Any person, partnership, association, corporation, or nonprofit
entity that employs five or more persons, including the legislative, executive, and judicial
branches of state government; and any county, city, town, or village or any other political
subdivision of the state; any public authority, commission, agency, or public benefit corporation;
or any other separate corporate instrumentality or unit of state or...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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9-9-73
Section 9-9-73 Powers and duties of commission and officers or directors of subdistricts generally.
The county commission shall have control of the affairs of the county as such drainage district.
No commissioner shall directly or indirectly be interested in any contract made by the county
commission, save and except insofar as other land owners are benefited by the work constructed.
They shall appoint and employ such agents and persons as they may deem necessary for the execution
of the purposes expressed in this article, particularly operators of county controlled machinery
and equipment, save and except they shall not become directly or indirectly employed by the
county commission or by a subdistrict established by authority of this article. They shall
have the right and authority to enter into contracts or other agreements with the United States
government or any department thereof, with persons, firms or corporations, with the state
government of any department thereof or with...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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30-2-51
Section 30-2-51 Allowance upon grant of divorce; certain property not considered; retirement
benefits. (a) If either spouse has no separate estate or if it is insufficient for the maintenance
of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a
spouse an allowance out of the estate of the other spouse, taking into consideration the value
thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge
may not take into consideration any property acquired prior to the marriage of the parties
or by inheritance or gift unless the judge finds from the evidence that the property, or income
produced by the property, has been used regularly for the common benefit of the parties during
their marriage. (b)(1) The marital estate is subject to equitable division and distribution.
Unless the parties agree otherwise, and except as otherwise provided by federal or state law,
the marital estate includes any interest, whether vested or...
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34-27-57
Section 34-27-57 Acts constituting violation of article - Sell, etc., interest in plan to third
person that substantially affects rights of other owners. (a) It shall be a violation of this
article for any seller of vacation time-sharing plans to sell, lease, assign, or otherwise
transfer the seller's interest in the vacation time-sharing plan or the accommodations or
facilities to a third party when such a sale, lease, assignment, or other transfer substantially
affects the rights of other owners or lessees of the time-share units, unless: (1) The third
party agrees in writing to: a. Fully honor the rights of purchasers of the vacation time-sharing
plan to occupy and use the accommodations or facilities; and b. Fully honor rights of purchasers
of the vacation time-sharing plan to cancel their contracts and receive an appropriate refund
as provided in this article; and c. Comply with the provisions of this article for as long
as the third party continues to sell the vacation...
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40-7-13
Section 40-7-13 Assessment of property in possession of commission merchants and assignees
and consignees authorized to sell. Commission merchants and all persons trading and dealing
on commission, assignees and consignees authorized to sell and persons having in their possession
goods, wares, or merchandise belonging to another and subject to taxation in any county, city,
or town of Alabama, where said property is located, when the owner of the property does not
reside in the county, are deemed to be owners of the property in their possession for the
purpose of assessment, and unless such goods, wares, or merchandise have been otherwise listed
for taxation, the same shall be listed separately from any other goods, wares, or merchandise
owned by such person, firm, or corporation for taxation, and the name of the assignor or consignor
shall be listed on the return, the same shall be assessed for taxation to the person, firm,
or corporation who has such goods, wares, or merchandise in...
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9-1-6
Section 9-1-6 Declaration of public policy and legislative intent; measure of damages for the
unauthorized removal of coal; retroactive application of section. (a) The objective of this
section is to specify the measure of damages for the unauthorized removal of coal in Alabama.
It is declared that the extraction of coal provides a major present and future source of energy
and is an essential and necessary activity which contributes to the economic and material
well-being of the state. In the absence of a reasonable measure of damages as specified in
this section, confusion could result in the coal industry causing financial distress and unemployment,
and may cause the abandonment and prevent the use of many coal mines. This state has a public
interest in removing this hazard and precluding this confusion and distress without doing
violence to private rights. (b) The measure of damages in any civil action for the unauthorized
extraction, severance, injury or removal of coal from land,...
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