§ 133 — Use of name or address with intent to deceive

New York § 133

• Jurisdiction: New York
• Law GBS: General Business
• Art. 9-B: Use of Names and Symbols

Text

§ 133. Use of name or address with intent to deceive. No person, firm\nor corporation shall, with intent to deceive or mislead the public,\nassume, adopt or use as, or as part of, a corporate, assumed or trade\nname, for advertising purposes or for the purposes of trade, or for any\nother purpose, any name, designation or style, or any symbol or\nsimulation thereof, or a part of any name, designation or style, or any\nsymbol or simulation thereof, which may deceive or mislead the public as\nto the identity of such person, firm or corporation or as to the\nconnection of such person, firm or corporation with any other person,\nfirm or corporation; nor shall any person, firm or corporation, with\nlike intent, adopt or use as, or as part of, a corporate, assumed or\ntrade name, for advertising purposes, or for the purposes of trade, or\nfor any other purpose, any address or designation of location in the\ncommunity which may deceive or mislead the public as to the true address\nor location of such person, firm or corporation. A violation of this\nsection shall be a misdemeanor. Whenever there shall be an actual or\nthreatened violation of this section, an application may be made to a\ncourt or justice having jurisdiction to issue an injunction, upon notice\nto the defendant of not less than five days, to enjoin and restrain such\nactual or threatened violation; and if it shall appear to the\nsatisfaction of the court or justice that the defendant is in fact\nassuming, adopting or using such name, or is about to assume, adopt or\nuse such name, and that the assumption, adoption or use of such name may\ndeceive or mislead the public, an injunction may be issued by said court\nor justice, enjoining and restraining such actual or threatened\nviolation without requiring proof that any person has in fact been\ndeceived or misled thereby.\n