Section 133. Use of name or address with intent to deceive  


Latest version.
  • 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.