§ 135 — Unlawful use of name of benevolent, humane or charitable corporation

New York § 135

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

Text

§ 135. Unlawful use of name of benevolent, humane or charitable\ncorporation. No person, society or corporation shall, with intent to\nacquire or obtain for personal or business purposes a benefit or\nadvantage, assume, adopt or use the name of a benevolent, humane or\ncharitable organization incorporated under the laws of this state, or a\nname so nearly resembling it as to be calculated to deceive the public\nwith respect to any such corporation. A violation of this section shall\nbe a misdemeanor. Whenever there shall be an actual or threatened\nviolation of this section, an application may be made to a court or\njustice having jurisdiction to issue an injunction, upon notice to the\ndefendant of not less than five days, for an injunction to enjoin and\nrestrain said actual or threatened violation; and if it shall appear to\nthe satisfaction of the court or justice that the defendant is in fact\nusing the name of a benevolent, humane or charitable organization,\nincorporated as aforesaid, or a name so nearly resembling it as to be\ncirculated to deceive the public, an injunction may be issued by said\ncourt or justice, enjoining and restraining such actual or threatened\nviolation, without requiring proof that any person has in fact been\nmisled or deceived thereby.\n