SECTIONS 21300-21310 - California Statutes

CORPORATIONS CODE

SECTION 21300-21310

21300. As used in this chapter, the following terms have the
meanings set forth in this section, unless the context otherwise
requires:
(a) "Association" includes any lodge, order, beneficial
association, fraternal or beneficial society or association,
historical, military, or veterans organization, labor union,
foundation, or federation, or any other society, organization, or
association, or degree, branch, subordinate lodge, or auxiliary
thereof.
(b) "Insignia" includes badge, motto, button, decoration, charm,
emblem, or rosette.

21301. Any association, the principles and activities of which are
not repugnant to the Constitution or laws of the United States or of
this State, may register in the office of the Secretary of State a
facsimile or description of its name or insignia and may by
reregistration alter or cancel it.

21302. An association shall not be permitted to register any name
or insignia similar to or so nearly resembling another name or
insignia already registered as may be likely to deceive.

21303. Application for such registration, alteration, or
cancellation shall be made by the chief officer or officers of the
association, upon blanks to be provided by the Secretary of State.
Such registration shall be for the use and benefit and on behalf of
the association, the individual members, and those hereafter to
become members thereof.

21304. The Secretary of State shall charge and collect a fee as set
forth in paragraph (2) of subdivision (b) of Section 12191 of the
Government Code for each registration made under this chapter.

21305. Upon the registration, the Secretary of State shall issue
his certificate setting forth the fact of the registration.

21306. The Secretary of State shall keep a properly indexed record
of the registrations provided for by this chapter, which record shall
also show any altered or canceled registration.

21307. Any person who willfully wears, exhibits, or uses for any
purpose a name or insignia registered under this chapter, unless he
is entitled to use, wear, or exhibit the name or insignia under the
constitution, bylaws, or rules of the association which registered
it, is guilty of a misdemeanor punishable by fine of not to exceed
two hundred dollars ($200) or by imprisonment in the county jail for
a period not to exceed 60 days.

21308. Any court of competent jurisdiction may restrain by
injunction:
1. The wearing or use of the insignia of any association, unless
the person wearing or using the insignia is entitled to wear or use
the insignia under the constitution, by-laws or rules of the
association.
2. The use of the name of any association in a commercial venture,
trade or business or in the solicitation of subscriptions for or
advertising in any newspaper or other publication or in the
solicitation of donations by any person representing directly or
indirectly that such commercial venture, trade or business, newspaper
or other publication or donation or solicitation for donation, is
sponsored, endorsed or being offered by any association, unless the
person so using the name is entitled to use the name under the
constitution, by-laws or rules of the association or by the written
consent of such association to such use.

21309. In any action under Section 21308 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.

21310. The use of the name or insignia of any association by any
person not entitled to use the same under the constitution, by-laws,
rules or regulations of the association or by the written consent of
such association, is presumptive evidence of the unlawful use of or
traffic in such name or insignia.