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Arizona Revised Statutes - Title 44 Trade and Commerce - Chapter 10 Competition and Competitive PracticesIn this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity. A contract, combination or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce, any part of which is within... The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within... A. Labor of a human being is not a commodity or an article of commerce. B. This article shall not be construed to forbid the... An action for violation of this article shall be brought in the superior court. A. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody or control of any document... The attorney general or a county attorney with the permission or at the request of the attorney general may bring an action for appropriate injunctive... A. The state, a political subdivision or any public agency threatened with injury or injured in its business or property by a violation of this... A final judgment or decree determining that a person has violated this article in an action brought by the state under section 44-1407 or 44-1408,... A. An action under section 44-1407 to recover a civil penalty is barred if it is not commenced within four years after the cause of... The remedies provided for in this article are cumulative. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article... This article may be cited as the uniform state antitrust act. A. In any proceeding or investigation under this article, if a person refuses to answer a question or produce evidence of any kind on the... A. A person filing a complaint, counterclaim or answer for any violation of the provisions of this article shall simultaneously with the filing of the... A. A contract, combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves: 1. A contract between a governmental agency... A. In this article, unless the context otherwise requires: 1. "Applicant" means the person filing an application for registration of a mark under this article... A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not... A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a trademark... A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the... A. Upon compliance by the applicant with the requirements of this article, the secretary of state shall cause a certificate of registration to be issued... A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of registration.... Any mark and its registration under the provisions of this article shall be assignable with the goodwill of the business in which the mark is... The secretary of state shall keep for public examination a record of all marks registered or renewed under this article. The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state receives a voluntary request for cancellation thereof... A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and on terms as... A single application for registration of a mark may include all goods and services on which the mark is actually being used in one or... Any person who for himself, or on behalf of any other person, procures the filing or registration of any mark in the office of the... A. Subject to section 44-1452, the owner of a mark registered under this article may proceed by civil action against any person who, without the... Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common A. Except as provided in subsections B, C and D of this section, a person who knowingly and with intent to sell or distribute uses,... A person who knowingly uses, other than for personal, noncommercial use, an unauthorized copy of computer software that when used depicts, incorporates or displays or... A person who has or uses a cask, bottle, vessel, case, cover, label or other thing bearing or having in any way connected with it... A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state, or any foreign corporation licensed to exercise its... A. Upon compliance by the applicant with the requirements of this article the secretary of state shall issue a certificate of registration. The certificate shall... A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date... Any name, title or designation and its registration may be assignable by an instrument in writing duly executed and may be recorded with the secretary... The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article. A. The registration of a trade name if prior in time to the filing of articles of incorporation or the reservation of a corporate name... 44-1460.06. Electronic filing; acceptance A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that... A. The secretary of state shall cancel a trade name registration if: 1. The secretary of state receives a voluntary request for cancellation from the... A. A person is guilty of a class 3 misdemeanor who: 1. Knowingly and with the intent to sell to the public real or personal... A. Each unsolicited commercial fax advertisement shall include the name, address, fax number and toll free or local contact telephone number of the vendor that... In this article, unless the context otherwise requires: 1. "Operator" includes a manager or any person in charge of the operation of motels, motor hotels,... This article shall apply to operators and owners of motels, motor hotels, motor courts, motor camps, hotels and like establishments. A. An owner or operator of an establishment within the scope of this article shall not post or maintain posted on any outdoor or outside... An owner or operator of any establishment within the scope of this article shall not post or maintain posted on outdoor or outside advertising signs... An owner or operator of any establishment within the scope of this article shall not post or maintain outdoor or outside advertising signs in connection... A. Nothing in this article shall be construed to require establishments within the scope of this article to have outdoor or outside signs. B. This... A person violating any provision of this article is guilty of a class 2 misdemeanor. In this article, unless the context otherwise requires: 1. "Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly... A. The act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression... Nothing contained in this article shall apply to the owner or publisher of a newspaper, magazine, or other publication of printed matter wherein such advertisement... A. If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage in... All information or evidence provided to the attorney general shall be confidential and shall not be made public unless in the judgment of the attorney... A. To accomplish the objectives and to carry out the duties prescribed in this article, the attorney general, in addition to other powers conferred upon... A. If any person fails or refuses to fully comply with a demand or any subpoena issued by the attorney general under sections 44-1524 or... A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is... When a receiver is appointed by the court pursuant to this article, he shall have the power to sue for, collect, receive, or take into... In the enforcement of the provisions of this article, the attorney general may accept an assurance of discontinuance of any act or practice deemed in... A. If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from the... A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by... A person who violates any order or injunction issued pursuant to this article shall forfeit and pay to the general fund of the state of... A. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state. B. The provisions... In any action brought under the provisions of this article, the attorney general is entitled to recover costs, which in the discretion of the court... In this article, unless the context otherwise requires: 1. "Affiliate" means a person who controls, is controlled or is under common control with another person.... A distributor shall disclose to any prospective dealer the following information before any franchise agreement is concluded: 1. The gallonage volume history of gasoline sold... Any franchise may be cancelled by the dealer at his option by sending a written declaration of that fact and the reasons therefor to the... It is a violation of this article for any distributor directly or indirectly or through any officer, agent or employee to engage in any of... Nothing in this article shall prevent a distributor from imposing upon a dealer from time to time reasonable standards of performance, provided that such standards... A. It is a violation of this article for any distributor, directly or indirectly, or through an officer, agent or employee to terminate, cancel or... Every agreement between a distributor and a dealer shall be in writing and contain: 1. In the absence of any express agreement, the dealer shall... A. In the event of any termination, cancellation or failure to renew, whether by mutual agreement or otherwise, a distributor shall make or cause to... A. A dealer or distributor may bring an action against the other for violation of any provision of the franchise and may recover the damages... A. Any condition, stipulation or provision binding any person to waive compliance with any provision of this article is void. B. The right of either... A. The director of the department of commerce shall collect, compile and maintain all brand average retail prices for Phoenix, Tucson, Flagstaff, Kingman, Show Low,... Each full service gasoline station offering self-service at a lesser cost shall require an attendant employed by the station to dispense gasoline from the self-service... In this article, unless the context otherwise requires: 1. "Beer" means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops... A supplier of beer or wholesaler of beer shall not fail to act in good faith in performing or complying with any terms, provisions or... A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section 44-1566... In this article, unless the context otherwise requires: 1. "Ancillary service provider" means any person that provides goods or services other than, or in addition... A. A long-distance telecommunications service provider or any person, firm or corporation that acts as an agent or representative on behalf of the long-distance telecommunications... A. A local telecommunications service provider or any person, firm or corporation that acts as an agent or representative on behalf of the local telecommunications... A. An ancillary service provider shall not use a sweepstakes, contest or entry form as authorization to change or add goods or services to a... Last modified: February 20, 2012 |
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