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Alabama Code 8-12-16 - Liability to civil action for infringement

Alabama Code > Title 8 > Chapter 12 > § 8-12-16 - Liability to civil action for infringement


Current as of: 2010

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 remedies provided in Section 8-12-18, except that under subdivision (2) of this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.

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See also:
Alabama Code > Title 8 > Chapter 12 - Trademarks, Names, Marks, Devices, And Labels

U.S. Code Provisions: Trademarks

U.S. Code > Title 15 > Chapter 22 - Trademarks
U.S. Code Title 15 > Chapter 107 > Subchapter I - Coordination And Strategic Planning Of Federal Effort Against Counterfeiting And Infringement

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