O.C.G.A. § 10-1-439.4 (2019)

Annotations

Cross references. - Fraudulent nature of use of similar trademarks, names, or devices with intention of deceiving and misleading public, § 23-2-55.

Use of word "Georgia" in trademark, trade name, service mark, or advertisement in connection with meat or meat food products, § 26-2-115.

Authority of pharmacists to substitute generic drugs for brand name drugs, § 26-4-80 et seq.

Law reviews. - For article, "The Public's Domain in Trademark Law: A First Amendment Theory of the Consumer," see 43 Ga. L. Rev. 451 (2009). For article, "The Globalization of Intellectual Property Rights: Trips, Bits, and the Search for Uniform Protection," see 38 Ga. J. Int'l & Comp. L. 265 (2010). For article, "Intellectual Property Checklist for Marketing the Recording Artist Online," see 18 J. Intell. Prop. L. 541 (2011). For article, "Clearing the Way: Acquiring Rights and Approvals for Music Use in Media Applications," see 18 J. Intell. Prop. L. 561 (2011).

For note, "The Ongoing Royalty: What Remedy Should a Patent Holder Receive When a Permanent Injunction Is Denied," see 43 Ga. L. Rev. 543 (2009). For note, "How to Get the Mona Lisa in your Home Without Breaking the Law: Painting a Picture of Copyright Issues with Digitally Accessible Museum Collections," see 18 J. Intell. Prop. L. 567 (2011).

For comment, "Pay What You Like - No, Really: Why Copyright Law Should Make Digital Music Free for Noncommercial Uses," see 58 Emory L.J. 1495 (2009).

RESEARCH REFERENCES

Trade Dress (Packaging) Simulation, 3 POF2d 577.

Cancellation of Registration of Trademark That Has Become Generic Term, 37 POF2d 67.

Wrongful Use of Another's Trademark or Tradename, 47 POF2d 643.

Monetary Recovery for Trademark Infringement, 17 POF3d 609.

Common-Law Trademarks or Tradename Rights in Geographical Areas of Prior Use, 22 POF3d 623.

Proof of Distinctiveness and Secondary Meaning of Trademark or Service Mark, 22 POF3d 691.

Proof of Music Sampling in Copyright Infringement, 26 POF3d 537.

Proof of Extraordinary Remedies for Copyright Infringement, 28 POF3d 379.

Extraordinary Remedies for Trademark Infringement, 36 POF3d 255.

Misuse of Intellectual Property, 37 POF3d 315.

Dilution of a Trademark, 38 POF3d 1.

Proof of Copyright Infringement by Unauthorized Use of Software, 52 POF3d 107.

Proof of Trade Dress Infringement, 55 POF3d 383.

Proof of Copyright Infringement by File Sharing, 63 POF3d 1.

Proof of Facts Establishing a Claim for Trade Libel or Product Disparagement under Sec. 43(a) of the Lanham Act, 15 U.S.C.A. Section 1125(a), 79 POF3d 1.

Establishing Liability for Trademark Infringement by Use of Website Metatags, 84 POF3d 93.

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PART 1 REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS

Law reviews. - For article, "Trademarks and Semantics: The Use and Misuse of Trademarks in Dictionaries and Trade Journals," see 6 Ga. L. Rev. 311 (1972). For article, "Trademark Litigation," a brief overview of the subject, see 17 Ga. St. B. J. 158 (1981). For article, "Protecting the Trademark 'Coca-Cola' in the Courts," see 28 Ga. St. B. J. 42 (1991). For article, "Elite Personnel, Inc. v. Elite Personnel Services, Inc.: Issues of Registration and Suggestion in Trademark Law," see 7 Ga. St. U.L. Rev. 551 (1991). For article, "Acquisition of Trademark Rights Under United States and Georgia Law," see 7 Ga. St. B. J. 14 (2001). For article, "Confusion Codified: Why Trademark Remedies Make No Sense," see 17 J. Intell. Prop. L. 245 (2010).

For comment, "Irrational Science Breeds Irrational Law," see 67 Emory L.J. 889 (2018).

JUDICIAL DECISIONS

Part similar to federal statute. - Georgia law on registration of trademarks and service marks provides for a civil action to remedy infringements and is, both in structure and purpose, similar to the law's federal counterpart. Rolls-Royce Motors, Ltd. v. A & A Fiberglass, Inc., 428 F. Supp. 689 (N.D. Ga. 1977).

Registration provisions are permissive. - Provisions concerning registration are permissive rather than mandatory. Giant Mart Corp. v. Giant Disct. Foods, Inc., 247 Ga. 775, 279 S.E.2d 683 (1981).

Trade name previously acquired by another. - Registration will not operate to deprive another of previously acquired trade name. Giant Mart Corp. v. Giant Disct. Foods, Inc., 247 Ga. 775, 279 S.E.2d 683 (1981).

Cited in Howard Stores Corp. v. Howard Clothing, Inc., 308 F. Supp. 70 (N.D. Ga. 1969).

RESEARCH REFERENCES

ALR. - Right to protection against simulation of physical appearance or arrangement of place of business, or vehicle, 17 A.L.R. 784; 28 A.L.R. 114.

Right of manufacturer, producer, or wholesaler to control resale price, 19 A.L.R. 925; 32 A.L.R. 1087l; 103 A.L.R. 1331; 125 A.L.R. 1335.

Application of principles of unfair competition to artistic or literary property, 19 A.L.R. 949.

"Drive it yourself" and similar phrases in connection with business of renting automobiles as subject of trademark or protection upon ground of unfair competition, 43 A.L.R. 213.

Trademark or tradename as asset in case of bankruptcy, insolvency, or assignment for benefit of creditors, 44 A.L.R. 706.

Rights and remedies as between originator of uncopyrighted advertising plan or slogan, or his assignee, and another who uses or infringes the same, 104 A.L.R. 1357; 157 A.L.R. 1436.3

Conflict of laws, with respect to trademark infringement or unfair competition, including the area of conflict between federal and state law, 148 A.L.R. 139.

Stockholders' rights to patent, copyright, or trademark owned by corporation on dissolution thereof, 30 A.L.R.2d 938.

Trade dress simulation of cosmetic products as unfair competition, 86 A.L.R.3d 505.

Unfair competition by imitation in sign or design of business place, 86 A.L.R.3d 884.

Name appropriation by employer or former employer, 52 A.L.R.4th 156.