Section 135. Unlawful use of name of benevolent, humane or charitable corporation  


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  • No person, society or corporation  shall,  with  intent  to
      acquire  or  obtain  for  personal  or  business  purposes  a benefit or
      advantage, assume, adopt or use the name  of  a  benevolent,  humane  or
      charitable  organization incorporated under the laws of this state, or a
      name so nearly resembling it as to be calculated to deceive  the  public
      with  respect to any such 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, for an injunction to enjoin and
      restrain said actual or threatened violation; and if it shall appear  to
      the  satisfaction  of the court or justice that the defendant is in fact
      using the name of  a  benevolent,  humane  or  charitable  organization,
      incorporated  as  aforesaid,  or a name so nearly resembling it as to be
      circulated to deceive 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
      misled or deceived thereby.