§ 16-17-320 — Injunction to restrain improper use of name and emblems.

Whenever there shall be an actual or threatened violation of the provisions of Section 16-17-310, the organization entitled to the exclusive use of the name in question, under the terms of said section, shall have the right to apply to the proper courts for an injunction to restrain the infringement of its name and the use of its emblems. If it shall be made to appear to the court that the defendants are in fact infringing or about to infringe upon the name and style of a previously existing incorporated benevolent, fraternal, social, humane or charitable organization in the manner prohibited in said section or that the defendant or defendants are wearing and using the badge, insignia or emblems of such organization, without the authority thereof in violation of said section, an injunction may be issued by the court under the principles of equity, without requiring proof that any person has been in fact misled or deceived by the infringement of such name or the use of such emblem.

Legislative History

HISTORY: 1962 Code SECTION 16-543; 1952 Code SECTION 16-543; 1942 Code SECTION 1243; 1932 Code SECTION 1243; Cr. C. '22 SECTION 139; Cr. C. '12 SECTION 285; 1906 (25) 118; 1910 (26) 723, 779; 1925 (34) 20. ARTICLE 7 Miscellaneous Offenses