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This entry was published on 2014-09-22
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SECTION 135
Unlawful use of name of benevolent, humane or charitable corporation
General Business (GBS) CHAPTER 20, ARTICLE 9-B
§ 135. Unlawful use of name of benevolent, humane or charitable
corporation. No person, society or corporation shall, with intent to
acquire or obtain for personal or business purposes a benefit or
advantage, assume, adopt or use the name of a benevolent, humane or
charitable organization incorporated under the laws of this state, or a
name so nearly resembling it as to be calculated to deceive the public
with respect to any such 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, for an injunction to enjoin and
restrain said actual or threatened violation; and if it shall appear to
the satisfaction of the court or justice that the defendant is in fact
using the name of a benevolent, humane or charitable organization,
incorporated as aforesaid, or a name so nearly resembling it as to be
circulated to deceive 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
misled or deceived thereby.