2005 Nevada Revised Statutes - Chapter 601 — Insignia and Names of Organizations

CHAPTER 601 - INSIGNIA AND NAMES OFORGANIZATIONS

FRAUDULENT USE AND ILLEGAL EXHIBITION OF NAMES AND INSIGNIA

NRS 601.010 Useof name of incorporated association or society.

NRS 601.020 Illegalexhibition and use of names and insignia.

NRS 601.030 Injunctiverelief for illegal exhibition and use of names and insignia.

NRS 601.040 Penalty.

REGISTRATION AND PROTECTION OF NAMES AND INSIGNIA

NRS 601.050 Registration,alteration, assignment or cancellation of names and insignia with Secretary ofState; applicability of section.

NRS 601.110 Penalty.

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FRAUDULENT USE AND ILLEGAL EXHIBITION OF NAMES AND INSIGNIA

NRS 601.010 Useof name of incorporated association or society.

1. No person, society, association or corporationshall assume, adopt or use the name of a military, ex-military, patriotic,benevolent, humane, fraternal or charitable organization, incorporated underthe laws of this or any other state or of the United States, or a name sonearly resembling the name of such incorporated organization as to be acolorable imitation thereof, or calculated to deceive persons not members, withrespect to such society, association or corporation.

2. In all cases where two or more societies,associations or corporations claim the right to the same name, or to namessubstantially similar, as provided in subsection 1, the organization which wasfirst organized and used the name and first became incorporated under the lawsof the United States or of any state shall be entitled in this state to theprior and exclusive use of such name. The rights of such societies,associations or corporations, and of their individual members, shall be fixedand determined accordingly.

[1:65:1911; RL 2502; NCL 4460]

NRS 601.020 Illegalexhibition and use of names and insignia.

1. Unless authorized under the laws, statutes, rules,regulations and bylaws of any military, ex-military, patriotic, benevolent,humane, fraternal or charitable society, association or corporationincorporated under the laws of this or any other state or of the United States,no person shall:

(a) Wear or exhibit the badge, button, emblem,decoration, insigne or charm of such organization.

(b) Assume or claim to be a member of any such organization.

(c) Assume or use the name of any such organization.

2. Where one military, ex-military, patriotic,benevolent, humane, fraternal or charitable society, association or corporationis incorporated subsequent to another society, association or corporation andassumes, adopts or uses a name so nearly resembling the name of the society,association or corporation first incorporated as to be a colorable imitationthereof or calculated to deceive the public, unless authorized under the laws,statutes, rules, regulations and bylaws of the prior incorporated society,association or corporation, no person shall:

(a) Wear or exhibit the badge, button, emblem,decoration, insigne or charm of the organization subsequently incorporated.

(b) Assume or claim to be a member of the organizationsubsequently incorporated.

(c) Assume or use the name of the organization subsequentlyincorporated.

[2:65:1911; RL 2503; NCL 4461]

NRS 601.030 Injunctiverelief for illegal exhibition and use of names and insignia.

1. Whenever there shall be an actual or threatenedviolation of the provisions of NRS 601.010and 601.020, an application may be madeto the court or judge having jurisdiction to issue an injunction to restrainthe actual or threatened violation. Notice of application for an injunction ofnot less than 5 days shall be given to the defendant.

2. If it shall appear to the court or judge that thedefendant is in fact using the name of a military, ex-military, patriotic,benevolent, humane, fraternal or charitable society, association orcorporation, incorporated as provided in NRS601.010, or a name so nearly resembling it as to be calculated to deceivethe public, or is wearing or exhibiting the badge, insigne or emblem of suchsociety, association or corporation without authority thereof and in violationof the provisions of NRS 601.020, aninjunction may be issued by the court or judge enjoining or restraining theactual or threatened violation, without requiring proof that any person has infact been misled or deceived thereby.

[3:65:1911; RL 2504; NCL 4462]

NRS 601.040 Penalty. Any person willfully violating the provisions of NRS 601.010 and 601.020 shall be guilty of a misdemeanor.

[4:65:1911; RL 2505; NCL 4463](NRS A 1967, 620)

REGISTRATION AND PROTECTION OF NAMES AND INSIGNIA

NRS 601.050 Registration,alteration, assignment or cancellation of names and insignia with Secretary ofState; applicability of section.

1. An association, lodge, order, fraternalsociety, beneficial association, or fraternal and beneficial society orassociation, historical, military, or veterans organization, labor union,labor organization, foundation, federation, or any other society, organizationor association, degree, branch, subordinate lodge, or auxiliary thereof,whether incorporated or unincorporated, the principles and activities of whichare not repugnant to the constitution and laws of the United States or thisstate, may register, alter, assign or cancel in the Office of the Secretary ofState a facsimile, duplicate or description of its name, badge, motto, button,decoration, charm, emblem, rosette or other insigne, as if it were a mark, inthe manner provided in NRS 600.240 to 600.400, inclusive.

2. The provisions of this section for alteration,assignment or cancellation apply also to any insigne described in subsection 1which was registered before October 1, 1997.

[1:24:1933; 1931 NCL 3299](NRS A 1975, 311; 1997,161)

NRS 601.110 Penalty. Any person who willfully wears, exhibits, displays, printsor uses for any purpose the badge, motto, button, decoration, charm, emblem,rosette or other insigne of any association or organization mentioned in NRS 601.050 and duly registered, unless heis entitled to use and wear it under the constitution, bylaws, rules andregulations of the association or organization, shall be punished by a fine notexceeding $500.

[6:24:1933; 1931 NCL 3299.05](NRS A 1967, 621;1997, 161)

 

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