§ 397 — Unlawful use of name or other identification of certain non-profit organizations

§ 397. Unlawful use of name or other identification of certain\nnon-profit organizations. 1. No person, firm, association or\ncorporation shall use, for advertising purposes or for purposes of\ntrade, the name, symbol, device or other identification of any\nnon-profit corporation, association, society or organization organized\nexclusively for religious, benevolent, humane, charitable, educational,\nhospital, patriotic, fraternal or veterans purposes or to promote the\nstudy or the advancement of the arts or sciences or to sustain,\nencourage or promote the musical or performing arts or to inform or\neducate the consumer by publishing and disseminating the results of\ntests and evaluations of goods and services, without having first\nobtained the written consent of such non-profit corporation,\nassociation, society or organization. Any violation of this section\nshall be a misdemeanor.\n 2. Subdivision one of this act shall not apply to the use by any\nperson, firm, association or corporation of any trade mark, trade name\nor other trade identification which was adopted and regularly used by\nsuch person, firm, association or corporation, prior to the enactment of\nthis act if the use of such trade mark, trade name or other trade\nidentification was and is otherwise lawful but for the provisions of\nsubdivision one of this act. Nothing contained in this act shall be\nconstrued so as to prohibit the use of any name, symbol, device or other\nidentification when used solely for purposes of historical reference or\ndescription of geographical location only and not as a trade mark or\ntrade name or for purposes of trade identification.\n 3. Whenever there shall be an actual or threatened violation of\nsubdivision one of this section, the corporation, association, society\nor organization affected thereby may maintain an equitable action in the\nsupreme court of this state to prevent and restrain said actual or\nthreatened violation; and may also sue and recover damages for any\ninjuries sustained by reason of any such violation, and if the defendant\nshall have knowingly violated subdivision one of this section, the jury,\nin its discretion may award exemplary damages.\n 4. Nothing contained in this act shall deprive any corporation,\nassociation, society or organization entitled to invoke the remedies\nprovided by this act of any rights or remedies existing at common law or\nunder the penal law or any other law of this state.\n