Title 44 — Trade and Commerce

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 the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become fam…

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 multiple classes. The following general classes of goods and services are established for convenience of administration of this article, but not t…

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 secretary of state under the provisions of this article by knowingly making any false or fraudulent representation or declaration, verbally or in wri…

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 consent of the registrant: 1. Uses in this state the registered mark or a mark similar to the registered mark on or in connection with …

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 law.

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, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a…

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 causes to be depicted, incorporated or displayed a mark that has been registered under this article for computer …

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 the duly filed trademark or name of another, for the purpose of disposing of, with intent to deceive or defraud, any article other than the article wh…

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 corporate powers in this state, may register with the secretary of state, on a form to be f…

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 show the name and business address of the applicant, the name, title or designation registered, the date of first use …

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 of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the r…

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 of state who upon recording the assignment shall issue in the name of the assignee a new certificate for the remainder of the ter…

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 shall give to the holder of the registered trade name exclusive right to the use of such name. B. Nothing in this article shall adversely affect …

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 secretary of state. B. Any document that is filed in accordance with this section is deemed to comply with: 1. The filing requirements of this articl…

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 registrant or the assignee of record. 2. The registration is not renewed in accordance with this article. 3. A court of competent …

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 property or services, or to induce the public to acquire an interest therein, makes and publishes an advertisement, either printed or by public outcry or pr…

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 sends the fax. B. Any person who receives an unsolicited commercial fax advertisement may contact the vendor that sent t…

(Eff. 1/1/27) A. A child-directed application shall take appropriate measures to prevent the display of inappropriate and mature advertisements on the child-directed application. In determining whether an application is a child-directed application, all of the following shall be …

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, motor courts, motor camps, hotels, and like establishments. "Operator" or "owner" includes natural persons, firms, and corpor…

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 advertising sign pertaining to the establishment any rates for accommodations in the establishment unless the sign has posted thereon both the …

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 rates for accommodations in the establishment unless there is available in the establishment, when vacant, accommodations for immed…

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 with any such establishment relating to rates which have thereon any untrue, false or fraudulent representations.

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 article shall be liberally construed to prevent untrue, misleading, false or fraudulent representations relating to rates being place…

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 or indirectly any person to enter into any obligation or acquire any title or interest i…

A. The act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression o…

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 appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the…

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 any practice or transaction which is in violation of this article or order or assurance of discontinuance entered under this article, he may: 1. Requir…

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 general the ends of justice and the public interest will be served by the publication thereof, provided that the names of the int…

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 him by this article, may: 1. Issue subpoenas to any person. 2. Administer an oath or affirmation to any person. 3. Conduct hear…

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 44-1526, the attorney general may file a petition with the superior court and, after notice and hearing on the petition, request the following …

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 engaging in any practice declared to be unlawful by this article, the attorney general may seek and obtain in an action in a court of comp…

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 his possession all the goods, and chattels, rights and credits, monies and effects, lands and tenements, books, records, documents, papers, chose…

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 violation of the provisions of this article from any person engaging in, or who has engaged in, such act or practice. Such assuran…

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 person on behalf of the state a civil penalty of not more than ten thousand dollars per violation. B. For purposes of this section, a wi…

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 this section. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from t…

A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the …

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 Arizona a civil penalty of not more than twenty-five thousand dollars per violation. For the purpose of this section, the superior court in the …

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 of this article shall not bar any claim against any person who has acquired any monies or property, real or personal, by means of any…

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 may include a sum representing reasonable attorney's fees for the services rendered, for the use of the state.

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. 2. "Control" means actual or legal power of influence over another person, whether direct or indirect, arising through…

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 to the previous dealer or dealers at the same premises and during a three-year period immediately past or…

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 distributor if: 1. The distributor's offer was fraudulent or unlawful, provided that the dealer send such written declaration within sixty days…

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 the following practices: 1. To prohibit directly or indirectly the right of free association among dealers for any lawful purpose. 2. To fail…

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 be enforced to the extent reasonable at the time of required performance.

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 fail to renew a franchise without having first given written notice as follows: 1. No cancellation or termination of the franchise sh…

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 not be required to participate financially in the use of any premium, coupon, give-away, or rebate in the operation of his retail outle…

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 be made a good faith offer to repurchase from the dealer, his heirs, successors and assigns, at the current wholesale prices, any a…