N.Y. General Business Law § 209-c: Registration of identical, similar or misleading names prohibited

§ 209-c. Registration of identical, similar or misleading names

prohibited. The secretary of state shall not record, register or file

any name or designation identical with or similar to any other name or

designation filed or registered as herein provided as would be

calculated to deceive or mislead the public, unless such prior

registration shall have been revoked as herein provided. The supreme

court may, in an action brought for that purpose by any person or

corporation aggrieved thereby against any other person or corporation

who or which has already filed or registered any such name or

designation, direct the revocation of any such registration where it

shall be determined that the person who has already registered the same

has not the right to use such name or designation because of the prior

use thereof by another. No person other than the proprietor of such

name or designation, which has been filed in the office of the secretary

of state and in the office of the county clerk, as aforesaid, shall,

without the written consent of such proprietor, in any manner

whatsoever, either directly or indirectly, use such name or designation,

or any other name or designation for the name of an hotel or motel in

the state of New York which may be so similar as to deceive or mislead

the public. Any person or corporation may assign to any other person or

corporation all right, title and interest in, to and under the aforesaid

certificate of the secretary of state. Nonuse of the name or designation

described in any certificate of the secretary of state for the period of

one year shall operate as an abandonment of the right to use such name

or designation thereafter.