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Arizona Revised Statutes - Title 44 Trade and Commerce - Chapter 10 Competition and Competitive Practices

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  • 44-1401 - Definition
    In this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity.
  • 44-1402 - Contract, combination or conspiracy to restrain or monopolize trade
    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...
  • 44-1403 - Establishment, maintenance or use of monopoly
    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...
  • 44-1404 - Exclusions
    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...
  • 44-1405 - Judicial jurisdiction
    An action for violation of this article shall be brought in the superior court.
  • 44-1406 - Investigation; service of demand sanctions; confidentiality
    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...
  • 44-1407 - Civil penalty and injunctive enforcement
    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...
  • 44-1408 - Damages; injunctive relief
    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...
  • 44-1409 - Judgment as prima facie evidence
    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,...
  • 44-1410 - Limitations of actions
    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...
  • 44-1411 - Remedies cumulative
    The remedies provided for in this article are cumulative.
  • 44-1412 - Uniformity
    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...
  • 44-1413 - Short title
    This article may be cited as the uniform state antitrust act.
  • 44-1414 - Order compelling testimony or production of evidence; immunity; contempt
    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...
  • 44-1415 - Notice to attorney general; appearance
    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...
  • 44-1416 - Government contract, combination or conspiracy to restrain trade or commerce; violation; classification
    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...
  • 44-1441 - Definitions
    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...
  • 44-1442 - Registrability
    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...
  • 44-1443 - Application for registration
    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...
  • 44-1443.01 - Electronic filing; acceptance
    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...
  • 44-1444 - Certificate of registration; admissibility as evidence
    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...
  • 44-1445 - Duration of registration; renewal notice; application and fee
    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....
  • 44-1446 - Assignment of mark and 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...
  • 44-1447 - Records
    The secretary of state shall keep for public examination a record of all marks registered or renewed under this article.
  • 44-1448 - Cancellation of registrations
    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...
  • 44-1448.01 - Injury to business reputation; dilution
    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...
  • 44-1449 - Classification of goods or services
    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...
  • 44-1450 - Fraudulent registration; damages
    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...
  • 44-1451 - Remedies for infringement
    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...
  • 44-1452 - Common law rights
    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
  • 44-1453 - Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions
    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,...
  • 44-1455 - Use of unauthorized copy of computer software; violation; classification
    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...
  • 44-1456 - Use of trademarked container for other articles; violation; classification
    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...
  • 44-1460 - Registration of trade name, title or designation
    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...
  • 44-1460.01 - Issuance of certificate; restrictions
    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...
  • 44-1460.02 - Effective term of registration; renewal; expiration notice
    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...
  • 44-1460.03 - Assignment and recording of rights
    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...
  • 44-1460.04 - Public examination of records
    The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article.
  • 44-1460.05 - Exclusive rights; common law rights
    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
    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...
  • 44-1460.07 - Trade name registration cancellation; release for use
    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...
  • 44-1481 - Fraudulent advertising practices defined; violation; classification
    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...
  • 44-1482 - Unsolicited commercial fax advertisements; definition
    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...
  • 44-1501 - Definitions
    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,...
  • 44-1502 - Application
    This article shall apply to operators and owners of motels, motor hotels, motor courts, motor camps, hotels and like establishments.
  • 44-1503 - Posting of minimum and maximum rates
    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...
  • 44-1504 - Accommodations advertised required to be available
    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...
  • 44-1505 - False statements prohibited
    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...
  • 44-1506 - Construction
    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...
  • 44-1507 - Violation; classification
    A person violating any provision of this article is guilty of a class 2 misdemeanor.
  • 44-1521 - Definitions
    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...
  • 44-1522 - Unlawful practices; intended interpretation of provisions
    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...
  • 44-1523 - Exemptions
    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...
  • 44-1524 - Powers of attorney general
    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...
  • 44-1525 - Confidentiality of information or evidence
    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...
  • 44-1526 - Subpoena; hearing; rules and regulations
    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...
  • 44-1527 - Failure to supply information or obey subpoena; hearing
    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...
  • 44-1528 - Remedies; injunction; other reliefs; receiver
    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...
  • 44-1529 - Powers of receiver
    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...
  • 44-1530 - Assurance of discontinuance of unlawful practice
    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...
  • 44-1531 - Violations; civil penalties
    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...
  • 44-1531.01 - Consumer protection-consumer fraud revolving fund; use of fund
    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...
  • 44-1532 - Violation of order or injunction; penalty
    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...
  • 44-1533 - Cumulative remedies
    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...
  • 44-1534 - Costs recoverable
    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...
  • 44-1551 - Definitions
    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....
  • 44-1552 - Disclosures to be made by distributor before conclusion of agreement
    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...
  • 44-1553 - Voidable franchises
    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...
  • 44-1554 - Prohibited practices
    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...
  • 44-1555 - Permitted practices
    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...
  • 44-1556 - Termination of franchise; notice; grounds
    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...
  • 44-1557 - Required provisions in agreements between distributors and dealers
    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...
  • 44-1558 - Obligation of distributor to repurchase upon termination of agreement; designation of successor in interest
    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...
  • 44-1559 - Remedies
    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...
  • 44-1560 - Waiver limitation
    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...
  • 44-1561 - Department of commerce; fuel price data; availability
    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,...
  • 44-1562 - Full service gasoline stations; assistance to handicapped drivers
    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...
  • 44-1565 - Definitions
    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...
  • 44-1566 - Franchise termination
    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...
  • 44-1567 - Action for damages; other remedies; defense
    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...
  • 44-1571 - Definitions
    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...
  • 44-1572 - Long-distance telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
    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...
  • 44-1573 - Local telecommunications service providers; changes; authorization for services; requirements; penalties; program termination
    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...
  • 44-1574 - Ancillary service providers; prohibition; refund; penalties; program termination
    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