§ 209-c. Registration of identical, similar or misleading names
prohibited. The secretary of state shall not record, register or file
any name or designation identical with or similar to any other name or
designation filed or registered as herein provided as would be
calculated to deceive or mislead the public, unless such prior
registration shall have been revoked as herein provided. The supreme
court may, in an action brought for that purpose by any person or
corporation aggrieved thereby against any other person or corporation
who or which has already filed or registered any such name or
designation, direct the revocation of any such registration where it
shall be determined that the person who has already registered the same
has not the right to use such name or designation because of the prior
use thereof by another. No person other than the proprietor of such
name or designation, which has been filed in the office of the secretary
of state and in the office of the county clerk, as aforesaid, shall,
without the written consent of such proprietor, in any manner
whatsoever, either directly or indirectly, use such name or designation,
or any other name or designation for the name of an hotel or motel in
the state of New York which may be so similar as to deceive or mislead
the public. Any person or corporation may assign to any other person or
corporation all right, title and interest in, to and under the aforesaid
certificate of the secretary of state. Nonuse of the name or designation
described in any certificate of the secretary of state for the period of
one year shall operate as an abandonment of the right to use such name
or designation thereafter.