Legislation
SECTION 133
Use of name or address with intent to deceive
General Business (GBS) CHAPTER 20, ARTICLE 9-B
§ 133. Use of name or address with intent to deceive. No person, firm
or corporation shall, with intent to deceive or mislead the public,
assume, adopt or use as, or as part of, a corporate, assumed or trade
name, for advertising purposes or for the purposes of trade, or for any
other purpose, any name, designation or style, or any symbol or
simulation thereof, or a part of any name, designation or style, or any
symbol or simulation thereof, which may deceive or mislead the public as
to the identity of such person, firm or corporation or as to the
connection of such person, firm or corporation with any other person,
firm or corporation; nor shall any person, firm or corporation, with
like intent, adopt or use as, or as part of, a corporate, assumed or
trade name, for advertising purposes, or for the purposes of trade, or
for any other purpose, any address or designation of location in the
community which may deceive or mislead the public as to the true address
or location of such person, firm or corporation. A violation of this
section shall be a misdemeanor. Whenever there shall be an actual or
threatened violation of this section, an application may be made to a
court or justice having jurisdiction to issue an injunction, upon notice
to the defendant of not less than five days, to enjoin and restrain such
actual or threatened violation; and if it shall appear to the
satisfaction of the court or justice that the defendant is in fact
assuming, adopting or using such name, or is about to assume, adopt or
use such name, and that the assumption, adoption or use of such name may
deceive or mislead the public, an injunction may be issued by said court
or justice, enjoining and restraining such actual or threatened
violation without requiring proof that any person has in fact been
deceived or misled thereby.
or corporation shall, with intent to deceive or mislead the public,
assume, adopt or use as, or as part of, a corporate, assumed or trade
name, for advertising purposes or for the purposes of trade, or for any
other purpose, any name, designation or style, or any symbol or
simulation thereof, or a part of any name, designation or style, or any
symbol or simulation thereof, which may deceive or mislead the public as
to the identity of such person, firm or corporation or as to the
connection of such person, firm or corporation with any other person,
firm or corporation; nor shall any person, firm or corporation, with
like intent, adopt or use as, or as part of, a corporate, assumed or
trade name, for advertising purposes, or for the purposes of trade, or
for any other purpose, any address or designation of location in the
community which may deceive or mislead the public as to the true address
or location of such person, firm or corporation. A violation of this
section shall be a misdemeanor. Whenever there shall be an actual or
threatened violation of this section, an application may be made to a
court or justice having jurisdiction to issue an injunction, upon notice
to the defendant of not less than five days, to enjoin and restrain such
actual or threatened violation; and if it shall appear to the
satisfaction of the court or justice that the defendant is in fact
assuming, adopting or using such name, or is about to assume, adopt or
use such name, and that the assumption, adoption or use of such name may
deceive or mislead the public, an injunction may be issued by said court
or justice, enjoining and restraining such actual or threatened
violation without requiring proof that any person has in fact been
deceived or misled thereby.