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.
Ala. Code § 8-12-1
Appropriation of Trademark to Designate Origin or Ownership.
Applied in 2 court decisions — leading case ZP No. 314, LLC v. Ilm Capital, LLC (2018)
Most recently applied in ZP No. 314, LLC v. Ilm Capital, LLC (September 2018)
(Code 1923, §10370; Code 1940, T. 47, §271.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.