Code of Alabama
Ala. Code § 8-12-1 (2026)
Appropriation of Trademark to Designate Origin or Ownership.
✓ official Alabama Legislature (ALISON) text, current July 2026
One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business or the place where the thing is produced or the business is carried on.
(Code 1923, §10370; Code 1940, T. 47, §271.)
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1992–2023 · leading case: Solar Reflections, LLC v. Solar Reflections Glass Tinting, LLC, 256 F. Supp. 3d 1248 (N.D. Ala. 2017).
Solar Reflections, LLC v. Solar Reflections Glass Tinting, LLC, 256 F. Supp. 3d 1248 (N.D. Ala. 2017). “, and Alabama’s Trademark Act, Alabama Code § 8-12-1 et seq. The plaintiffs claim of false designation of origin arises from 15 U.”
ZP No. 314, LLC v. Ilm Capital, LLC, 335 F. Supp. 3d 1242 (U.S. Cir. Ct. 2018). “§ 1125 (d) (Count IV); common law unfair competition (Count V); and unfair competition and trademark infringement under Alabama Code § 8-12-1, et seq. , and Alabama common law (Count VI).”
Smith v. AmSouth Bank, Inc., 892 So. 2d 905 (Ala. 2004). “For Smith to claim ownership in that tradename, he needed to have followed the procedure set out by § 8-12-1, Ala.Code 1975, which allows "[o]ne who .”
Massey v. Disc Mfg., Inc., 601 So. 2d 449 (Ala. 1992). “The complaint alleged, among other claims, that the defendants had diverted business and contracts from DMI to MTI in violation of fiduciary duties and that they had engaged in unfair competition in violation of §§ 8-12-1 et seq., Ala.Code 1975. However, the paramount claim, and…”
Zp No. 314, LLC v. Ilm Capital, LLC (S.D. Ala. 2018). “In the second amended complaint, ZP asserts that Defendants are liable for trademark infringement and unfair competition under Alabama Code § 8-12-1, et seq., and Alabama common law.”
Green Acres Cafe Inc v. Original Green Acres Cafe LLC (N.D. Ala. 2023). “2018) (“Under the Alabama Trademark Act, Ala. Code § 8-12-1 , et seq., any person who uses a registered mark ‘in connection with a business, or with the sale, offering for sale, or advertising of any goods or services’ in a manner that is ‘likely to cause confusion or mistake or…”
Bulls Constr. Grp. LLC v. Bulls Constr. Co LLC (N.D. Ala. 2023). “§ 1125 (c); a claim of trademark infringement and unfair business practices under the Alabama Trademark Act, Ala. Code § 8-12-1 et seq.; a claim for violation of the Alabama Deceptive Trade Practices Act, Ala.”
Zp No. 314, LLC v. Ilm Capital, LLC (S.D. Ala. 2019). “§ 1125 (a)) and trademark infringement/unfair practices under Alabama Code § 8-12-1, et seq.3 Indeed, in the parties’ joint proposed pretrial document, ZP expressly sought “monetary relief for at least nominal damages,” injunctive relief, statutory damages for cybersquatting,…”
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