2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 16 - Trademarks, Service Marks, and Trade Names
Part 2 - Names and Emblems of Fraternal, Charitable, and Other Organizations
§ 10-1-470. Imitation of Name or Emblem Prohibited; Priority of Right to Use Name
No person or organization shall assume, use, adopt, become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or charitable organization previously existing in this state, and which has been incorporated under the laws of this or any other state or of the United States, or a name and style or emblem so nearly resembling the name and style of such incorporated organization as to be a colorable imitation thereof. In all cases where two or more of such societies, associations, or corporations claim the right to the same name or to names substantially similar as above provided, the organization which was first organized and used the name and first became incorporated under the laws of the United States or of any state, whether incorporated in this state or not, shall be entitled in this state to the prior and exclusive use of such name; and the rights of such societies, associations, or corporations and of their individual members shall be fixed and determined accordingly.
(Ga. L. 1909, p. 139, § 1; Civil Code 1910, § 1993; Code 1933, § 106-201.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 36 Am. Jur. 2d, Fraternal Orders and Benefit Societies, §§ 24, 25.
23A Am. Jur. Pleading and Practice Forms, Trademarks and Tradenames, §§ 73 et seq., 75 et seq.
C.J.S.- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 24 et seq.
ALR.
- Application of principles of unfair competition to artistic or literary property, 19 A.L.R. 949.
Right to enjoin use of name of defunct corporation, 27 A.L.R. 1024.
Right, in absence of self-imposed restraint, to use one's own name for business purposes to detriment of another using the same or a similar name, 47 A.L.R. 1189; 44 A.L.R.2d 1156.
Right of automobile association to exclusive use of name or insignia, 83 A.L.R. 712.
Right of benevolent or fraternal society or organization to protection against use of same or similar name, insignia, or ritual by another organization, 76 A.L.R.2d 1396.
Right to protection of corporate name, as between domestic corporation and foreign corporation not qualified to do business in state, 26 A.L.R.3d 994.
Right of charitable or religious association or corporation to protection against use of same or similar name by another, 37 A.L.R.3d 277.
