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.
(Acts 1980, No. 80-166, p. 236, §11; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
Notes of Decisions
ZP No. 314, LLC v. Ilm Capital, LLC, 335 F. Supp. 3d 1242 (U.S. Cir. Ct. 2018).
“, 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 to deceive as to the source of origin of such goods or services or…”
Lee v. Monroe Cnty. Heritage Museum, Inc., 998 F. Supp. 2d 1318 (S.D. Ala. 2014).
· cites it 2× “§ 1125 (d); (4) trademark infringement in violation of Ala.Code § 8-12-16(1); (5) trademark dilution in violation of Ala.”
Zp No. 314, LLC v. Ilm Capital, LLC (S.D. Ala. 2018).
· cites it 3× “, 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 to deceive as to the source of origin of such goods or services or…”
Alfa Corp. v. Alpha Warranty Servs., Inc. (M.D. Ala. 2023).
· cites it 2× “) (citing Ala. Code §§ 8-12-16 and 8-12-18). The Alabama Trademark Act also provides a cause of action for trademark cancellation.”
Green Acres Cafe Inc v. Original Green Acres Cafe LLC (N.D. Ala. 2023).
· cites it 2× “Ala. Code § 8-12-16 .”). Because Green Acres has an adequate basis for equitable relief and an award of damages under its Lanham Act infringement claim, the Court will not evaluate Green Acres’s other Lanham Act claims or state law trademark claims separately.”
— Ala. Code § 8-12-16(1) — 1 case
Lee v. Monroe Cnty. Heritage Museum, Inc., 998 F. Supp. 2d 1318 (S.D. Ala. 2014).
“§ 1125 (d); (4) trademark infringement in violation of Ala.Code § 8-12-16(1); (5) trademark dilution in violation of Ala.”
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