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2018 Georgia Code 10-1-371 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-371 Case Law from Google Scholar Amendments to OCGA 10-1-371

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 15 DECEPTIVE OR UNFAIR PRACTICES

10-1-371. Definitions.

As used in this part, the term:

  1. "Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.
  2. "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
  3. "Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization.
  4. "Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
  5. "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
  6. "Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.
  7. "Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
  8. "Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.

(Ga. L. 1968, p. 337, § 1.)

Law reviews.

- For article, "A Patent and Trademark Primer," see 15 Ga. St. B. J. 58 (1978). For article, "Trademark Litigation," a brief overview of the subject, see 17 Ga. St. B. J. 158 (1981).

JUDICIAL DECISIONS

Cited in Original Appalachian Artworks, Inc. v. Toy Loft, Inc., 489 F. Supp. 174 (N.D. Ga. 1980); Reis v. Ralls, 250 Ga. 721, 301 S.E.2d 40 (1983); Diedrich v. Miller & Meier & Assocs., 254 Ga. 734, 334 S.E.2d 308 (1985); Johnston Indus. Ala., Inc. v. Nat'l Contract Assocs. (In re Johnston Indus.), 300 Bankr. 821 (Bankr. M.D. Ga. 2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 1 et seq.

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 1, 17, 142. 90 C.J.S., Trusts, § 275.

U.L.A.

- Uniform Deceptive Trade Practices Act (1966 Revision) (U.L.A.) § 1.

ALR.

- Who is a "consumer" entitled to protection of state deceptive trade practice and consumer protection acts, 63 A.L.R.5th 1.

Cases Citing O.C.G.A. § 10-1-371

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Diedrich v. Miller & Meier & Assocs., Architects & Planners, Inc., 334 S.E.2d 308 (Ga. 1985).

Cited 48 times | Published | Supreme Court of Georgia | Sep 26, 1985 | 254 Ga. 734, 227 U.S.P.Q. (BNA) 1052

...es by statute and by common law. Giant Mart Corp. v. Giant Discount Foods, Inc., 247 Ga. 775 (279 SE2d 683) (1981). Diedrich and the Georgia corporation contend the common law right was displaced by enactment of the Uniform Trade Practices Act. OCGA § 10-1-371 et seq....
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Reis v. Ralls, 301 S.E.2d 40 (Ga. 1983).

Cited 9 times | Published | Supreme Court of Georgia | Mar 10, 1983 | 250 Ga. 721, 35 U.C.C. Rep. Serv. (West) 951

...After a hearing, the sellers' request for a temporary injunction against the use of the name Atlanta Refrigeration Service Company and Atlanta Refrigeration Company was denied. The sellers appeal this ruling. [2] 1. A trade name is a word or name which serves to identify a person's business. See OCGA § 10-1-371 (8) (Code Ann....
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Elite Pers., Inc. v. Elite Pers. Servs., Inc., 378 S.E.2d 117 (Ga. 1989).

Cited 5 times | Published | Supreme Court of Georgia | Apr 10, 1989 | 259 Ga. 192

...Defendant took no steps to protect the name until after plaintiff had incorporated using the name. It failed to register its name as required by OCGA § 10-1-490. Therefore, it cannot claim the protection of the Uniform Deceptive Trade Practices Act, OCGA § 10-1-371 et seq....
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Edible Ip, LLC v. Google, LLC, 869 S.E.2d 481 (Ga. 2022).

Cited 2 times | Published | Supreme Court of Georgia | Feb 15, 2022 | 313 Ga. 305

...503 (1988). 5 A “trademark” is separately defined as “a mark used by a person to identify goods and to distinguish them from the goods of others.” OCGA § 10- 1-371 (7). 8 occupation and distinguish it from . . . others.” OCGA § 10-1-371 (8). “Goodwill” has been defined as “essentially the positive reputation that a particular business enjoys....