2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
397 - Unlawful use of name or other identification of certain non-profit organizations.

 
    §  397.  Unlawful  use  of  name  or  other  identification of certain
  non-profit  organizations.    1.  No  person,   firm,   association   or
  corporation  shall  use,  for  advertising  purposes  or for purposes of
  trade,  the  name,  symbol,  device  or  other  identification  of   any
  non-profit  corporation,  association, society or organization organized
  exclusively for religious, benevolent, humane, charitable,  educational,
  hospital,  patriotic,  fraternal  or veterans purposes or to promote the
  study or the  advancement  of  the  arts  or  sciences  or  to  sustain,
  encourage  or  promote  the  musical  or performing arts or to inform or
  educate the consumer by publishing  and  disseminating  the  results  of
  tests  and  evaluations  of  goods  and  services,  without having first
  obtained  the  written   consent   of   such   non-profit   corporation,
  association,  society  or  organization.   Any violation of this section
  shall be a misdemeanor.
    2. Subdivision one of this act shall not  apply  to  the  use  by  any
  person,  firm,  association or corporation of any trade mark, trade name
  or other trade identification which was adopted and  regularly  used  by
  such person, firm, association or corporation, prior to the enactment of
  this  act  if  the  use  of  such  trade mark, trade name or other trade
  identification was and is otherwise lawful but  for  the  provisions  of
  subdivision  one  of  this  act.  Nothing contained in this act shall be
  construed so as to prohibit the use of any name, symbol, device or other
  identification when used solely for purposes of historical reference  or
  description  of  geographical  location  only and not as a trade mark or
  trade name or for purposes of trade identification.
    3. Whenever there shall  be  an  actual  or  threatened  violation  of
  subdivision  one  of this section, the corporation, association, society
  or organization affected thereby may maintain an equitable action in the
  supreme court of this state to  prevent  and  restrain  said  actual  or
  threatened  violation;  and  may  also  sue  and recover damages for any
  injuries sustained by reason of any such violation, and if the defendant
  shall have knowingly violated subdivision one of this section, the jury,
  in its discretion may award exemplary damages.
    4. Nothing contained  in  this  act  shall  deprive  any  corporation,
  association,  society  or  organization  entitled to invoke the remedies
  provided by this act of any rights or remedies existing at common law or
  under the penal law or any other law of this state.