§ 349:10 — Fraudulent Registration; Civil Rights

Any person who shall for himself, or on behalf of any other person, procure the filing and registration of any trade name in the office of the secretary of state, under the provisions hereof, by making any false or fraudulent representations or declarations, verbally, or in writing, or by any fraudulent means, shall be liable to pay all damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in any court having jurisdiction, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Any person, proprietorship, partnership or association who has adopted and registered a trade name as aforesaid may proceed by suit to enjoin the use, display, or interference of any other firm, person, proprietorship or association making use thereof, and all courts of competent jurisdiction may grant injunctions to restrain such interference, use, display, or activity, as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from such wrongful interference, use, display or activity; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.

Legislative History

1955, 284:1 par. 10. 1973, 528:243, eff. Oct. 31, 1973 at 11:59 p.m.