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Official Code of Georgia Annotated

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.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. 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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1909, p. 139, § 2; Civil Code 1910, § 1994; Code 1933, § 106-202.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, pages 401 to 402; merge action: carried; file SHA-256 7afbade16da7.