Legal Opinion
White Smile USA, Inc. v. Board of Dental Examiners of Alabama
Supreme Court of Alabama
Decided October 16, 2009No. 1080780PublishedCited by 2 opinions
1Opinion of the Court
LYONS, Justice.
White Smile USA, Inc. (“White Smile”), and D’Markos, L.L.C. (“D’Markos”), appeal from a judgment of the Montgomery Circuit Court that held that their sale in Alabama of teeth-whitening products and services were the practice of dentistry as defined by § 34-9-6, Ala.Code 1975. We affirm.
Factual Background and Procedural History
White Smile sells a teeth-whitening product in 22 states, including Alabama, under the trademark “LightWhite.” White Smile markets LightWhite as a “cosmetic teeth whitening system.” It does not sell LightWhite for use in dental offices or for individual,…
2Cases cited9 opinions
- IMED Corp. v. Systems Engineering Assoc.Supreme Court of Alabama · 1992
- Bean Dredging v. Alabama Dept. of RevenueSupreme Court of Alabama · 2003
- Mobile Infirmary Medical Center v. HodgenSupreme Court of Alabama · 2003
- Ex Parte BerryhillSupreme Court of Alabama · 2001
- Trott v. Brinks, Inc.Supreme Court of Alabama · 2007
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3Cited by2 opinions
- Baldwin v. BakerCourt of Civil Appeals of Alabama · 2012
- Westphal v. NorthcuttSupreme Court of Alabama · 2015