State Codes and Statutes

Statutes > New-york > Gbs > Article-9-b > 133

§ 133. Use of name or address with intent to deceive.  No person, firm  or  corporation  shall,  with  intent  to deceive or mislead the public,  assume, adopt or use as, or as part of, a corporate,  assumed  or  trade  name,  for advertising purposes or for the purposes of trade, or for any  other purpose,  any  name,  designation  or  style,  or  any  symbol  or  simulation  thereof, or a part of any name, designation or style, or any  symbol or simulation thereof, which may deceive or mislead the public as  to the identity of such  person,  firm  or  corporation  or  as  to  the  connection  of  such  person, firm or corporation with any other person,  firm or corporation; nor shall any person,  firm  or  corporation,  with  like  intent,  adopt  or  use as, or as part of, a corporate, assumed or  trade name, for advertising purposes, or for the purposes of  trade,  or  for  any  other  purpose,  any address or designation of location in the  community which may deceive or mislead the public as to the true address  or location of such person, firm or corporation.   A violation  of  this  section  shall  be  a  misdemeanor. Whenever there shall be an actual or  threatened violation of this section, an application may be  made  to  a  court or justice having jurisdiction to issue an injunction, upon notice  to the defendant of not less than five days, to enjoin and restrain such  actual   or  threatened  violation;  and  if  it  shall  appear  to  the  satisfaction of the court or justice  that  the  defendant  is  in  fact  assuming,  adopting  or using such name, or is about to assume, adopt or  use such name, and that the assumption, adoption or use of such name may  deceive or mislead the public, an injunction may be issued by said court  or  justice,  enjoining  and  restraining  such  actual  or   threatened  violation  without  requiring  proof  that  any  person has in fact been  deceived or misled thereby.

State Codes and Statutes

Statutes > New-york > Gbs > Article-9-b > 133

§ 133. Use of name or address with intent to deceive.  No person, firm  or  corporation  shall,  with  intent  to deceive or mislead the public,  assume, adopt or use as, or as part of, a corporate,  assumed  or  trade  name,  for advertising purposes or for the purposes of trade, or for any  other purpose,  any  name,  designation  or  style,  or  any  symbol  or  simulation  thereof, or a part of any name, designation or style, or any  symbol or simulation thereof, which may deceive or mislead the public as  to the identity of such  person,  firm  or  corporation  or  as  to  the  connection  of  such  person, firm or corporation with any other person,  firm or corporation; nor shall any person,  firm  or  corporation,  with  like  intent,  adopt  or  use as, or as part of, a corporate, assumed or  trade name, for advertising purposes, or for the purposes of  trade,  or  for  any  other  purpose,  any address or designation of location in the  community which may deceive or mislead the public as to the true address  or location of such person, firm or corporation.   A violation  of  this  section  shall  be  a  misdemeanor. Whenever there shall be an actual or  threatened violation of this section, an application may be  made  to  a  court or justice having jurisdiction to issue an injunction, upon notice  to the defendant of not less than five days, to enjoin and restrain such  actual   or  threatened  violation;  and  if  it  shall  appear  to  the  satisfaction of the court or justice  that  the  defendant  is  in  fact  assuming,  adopting  or using such name, or is about to assume, adopt or  use such name, and that the assumption, adoption or use of such name may  deceive or mislead the public, an injunction may be issued by said court  or  justice,  enjoining  and  restraining  such  actual  or   threatened  violation  without  requiring  proof  that  any  person has in fact been  deceived or misled thereby.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gbs > Article-9-b > 133

§ 133. Use of name or address with intent to deceive.  No person, firm  or  corporation  shall,  with  intent  to deceive or mislead the public,  assume, adopt or use as, or as part of, a corporate,  assumed  or  trade  name,  for advertising purposes or for the purposes of trade, or for any  other purpose,  any  name,  designation  or  style,  or  any  symbol  or  simulation  thereof, or a part of any name, designation or style, or any  symbol or simulation thereof, which may deceive or mislead the public as  to the identity of such  person,  firm  or  corporation  or  as  to  the  connection  of  such  person, firm or corporation with any other person,  firm or corporation; nor shall any person,  firm  or  corporation,  with  like  intent,  adopt  or  use as, or as part of, a corporate, assumed or  trade name, for advertising purposes, or for the purposes of  trade,  or  for  any  other  purpose,  any address or designation of location in the  community which may deceive or mislead the public as to the true address  or location of such person, firm or corporation.   A violation  of  this  section  shall  be  a  misdemeanor. Whenever there shall be an actual or  threatened violation of this section, an application may be  made  to  a  court or justice having jurisdiction to issue an injunction, upon notice  to the defendant of not less than five days, to enjoin and restrain such  actual   or  threatened  violation;  and  if  it  shall  appear  to  the  satisfaction of the court or justice  that  the  defendant  is  in  fact  assuming,  adopting  or using such name, or is about to assume, adopt or  use such name, and that the assumption, adoption or use of such name may  deceive or mislead the public, an injunction may be issued by said court  or  justice,  enjoining  and  restraining  such  actual  or   threatened  violation  without  requiring  proof  that  any  person has in fact been  deceived or misled thereby.