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
§ 10-1-471. Injunction Against Infringement
Whenever there shall be an actual or threatened violation of Code Section 10-1-470, the organization entitled to the exclusive use of the name in question under the terms of said Code section shall have the right to apply to the proper court for an injunction to restrain the infringement of its name and the use of its emblems; and, if it shall be made to appear to the court that the defendants are in fact infringing or about to infringe on the name and style of a previously existing benevolent, fraternal, social, humane, or charitable organization in the manner prohibited in said Code section or that the defendant or the defendants are wearing or using the badge, insignia, or emblems of said organization without the authority thereof and in violation of said Code section, an injunction may be issued by the court under the principles of equity without requiring proof that any person has been in fact misled or deceived by the infringement of such name or the use of such emblem.
(Ga. L. 1909, p. 139, § 2; Civil Code 1910, § 1994; Code 1933, § 106-202.)
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.
- Right to enjoin use of name of defunct corporation, 27 A.L.R. 1024.
Right of one to protection of trade name which he does not use, 48 A.L.R. 1257.
Doctrine of secondary meaning in the law of trademarks and of unfair competition, 150 A.L.R. 1067.
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, 44 A.L.R.2d 1156.
Use of "family name" by corporation as unfair competition, 72 A.L.R.3d 8.
"Post-sale confusion" in trademark or trade dress infringement actions under § 43 of the Lanham Trade-Mark Act (15 USCA § 1125), 145 A.L.R. Fed. 407.
When is trade dress "inherently distinctive" for purposes of trade dress infringement actions under § 43(a) of Lanham Act (15 USCA § 1125(a)) - Cases after Two Pesos, 161 A.L.R. Fed. 327.
