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O.C.G.A. § 10-1-374 — Exemptions from part | Georgia Code
O.C.G.A. § 10-1-374 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

10-1-374. Exemptions from part.

  1. This part does not apply to:
    1. Conduct in compliance with the orders or rules of or a statute administered by a federal, state, or local governmental agency;
    2. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
    3. Actions or appeals pending on March 19, 1968.
  2. Paragraphs (2) and (3) of subsection (a) of Code Section 10-1-372 do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before March 19, 1968, if the use was in good faith and is otherwise lawful except for this part.

(Ga. L. 1968, p. 337, § 4.)

JUDICIAL DECISIONS

Unfair insurance practices not subject to Georgia's Uniform Deceptive Trade Practices Act.

- Pursuant to O.C.G.A. § 10-1-374(a)(1), insurance transactions are exempt from Georgia's Uniform Deceptive Trade Practices Act (UDTPA), O.C.G.A. § 10-1-370 et seq. Claims of unfair trade practices in insurance transactions are instead governed by the Georgia Insurance Code. Northeast Ga. Cancer Care, LLC v. Blue Cross & Blue Shield of Ga., Inc., 297 Ga. App. 28, 676 S.E.2d 428 (2009), cert. denied, No. S09C1241, 2009 Ga. LEXIS 805 (Ga. 2009).

RESEARCH REFERENCES

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names and Unfair Competition, §§ 142 et seq., 165 et seq., 434.

U.L.A.

- Uniform Deceptive Trade Practices Act (1966 Revision) (U.L.A.) § 4.

ALR.

- Commercial competitor's truthful denomination of his goods as copies of designs of another, using designer's name, as trademark infringement, unfair competition, or the like, 1 A.L.R.3d 760.

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