SECTIONS 14492-14495 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 14492-14495

14492. As used in this article, the following terms have the
meanings set forth in this section unless the context otherwise
requires:
(a) "Organization" includes any lodge, order, beneficial
association, fraternal or beneficial society or association,
historical, military, or veterans organization, labor union, or any
other similar society, organization, or association or degree,
branch, subordinate lodge, or auxiliary thereof.
(b) "Name and Ownership." Name is that name that has first been
adopted and used by an organization within or beyond the limits of
this state, which name has been registered in the Office of the
Secretary of State, and the name of any organization that has
complied with Chapter 5 (commencing with Section 17900) of Part 3 of
Division 7, unless the name conflicts with a name duly registered in
the Office of the Secretary of State prior to the compliance with
those provisions, and any organization that has so first adopted and
used the name is its original owner.

14493. Any court of competent jurisdiction may restrain by
injunction: the use of the name of any organization in a commercial
venture, trade or business, or in the solicitation of subscriptions
for or sale of any newspaper, book, or other publication, or in the
solicitation of advertising in any newspaper, book, or other
publication or in the solicitation of, donations, aid, or other
benefits by any other person, firm, or corporation representing
directly or indirectly that such commercial venture, trade or
business, newspaper or book or other publication or donation or
solicitation for donation, is sponsored, endorsed or being offered by
the organization owning such name, unless the person, firm, or
corporation so using the name is entitled to use the name under the
constitution, by-laws or rules of the organization owning such name,
or by the written consent of such organization so owning the name to
such use.

14494. In any action under Section 14493 it is not necessary to
allege or prove actual damages or the threat thereof or actual injury
or the threat thereof, to the plaintiff, but in addition to
injunctive relief, any plaintiff in any such action is entitled to
recover the amount of the actual damages, if any, sustained by such
plaintiff.

14495. The use of the name of any organization by any person, firm,
or corporation not entitled to use the same under the constitution,
by-laws, rules or regulations of the organization which owns the name
or by the written consent of such organization, is presumptive
evidence of the unlawful use or traffic in such name.