N.Y. General Business Law § 397: Unlawful use of name or other identification of certain non-profit organizations

§ 397. Unlawful use of name or other identification of certain

non-profit organizations. 1. No person, firm, association or

corporation shall use, for advertising purposes or for purposes of

trade, the name, symbol, device or other identification of any

non-profit corporation, association, society or organization organized

exclusively for religious, benevolent, humane, charitable, educational,

hospital, patriotic, fraternal or veterans purposes or to promote the

study or the advancement of the arts or sciences or to sustain,

encourage or promote the musical or performing arts or to inform or

educate the consumer by publishing and disseminating the results of

tests and evaluations of goods and services, without having first

obtained the written consent of such non-profit corporation,

association, society or organization. Any violation of this section

shall be a misdemeanor.

2. Subdivision one of this act shall not apply to the use by any

person, firm, association or corporation of any trade mark, trade name

or other trade identification which was adopted and regularly used by

such person, firm, association or corporation, prior to the enactment of

this act if the use of such trade mark, trade name or other trade

identification was and is otherwise lawful but for the provisions of

subdivision one of this act. Nothing contained in this act shall be

construed so as to prohibit the use of any name, symbol, device or other

identification when used solely for purposes of historical reference or

description of geographical location only and not as a trade mark or

trade name or for purposes of trade identification.

3. Whenever there shall be an actual or threatened violation of

subdivision one of this section, the corporation, association, society

or organization affected thereby may maintain an equitable action in the

supreme court of this state to prevent and restrain said actual or

threatened violation; and may also sue and recover damages for any

injuries sustained by reason of any such violation, and if the defendant

shall have knowingly violated subdivision one of this section, the jury,

in its discretion may award exemplary damages.

4. Nothing contained in this act shall deprive any corporation,

association, society or organization entitled to invoke the remedies

provided by this act of any rights or remedies existing at common law or

under the penal law or any other law of this state.