O.C.G.A. § 10-1-452 (2019)
Common-law rights in marks not affected
Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at any time at common law.
History
Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.
Annotations
JUDICIAL DECISIONS Confusion of names. - Claims for service mark infringement under the federal Lanham Act, the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et seq., and the Georgia law of unfair competition turn on the same question - confusion of similar names. Jellibeans, Inc. v. Skating Clubs of Ga., Inc., 716 F.2d 833, 1983 U.S. App. LEXIS 16353 (11th Cir. 1983). Common law claim. - Customer was
denied summary judgment as to a copyright owner’s common law trademark infringement action because O.C.G.A. § 10-1-452 expressly preserved common law trademark rights and the owner produced sufficient evidence to raise a question of fact on the claim as to the likelihood of confusion. SCQuARE Int’l, Ltd. v. BBDO Atlanta, Inc., 455 F. Supp. 2d 1347, 2006 U.S. Dist. LEXIS 68407 (N.D. Ga. 2006).
RESEARCH REFERENCES Am. Jur. 2d. 74 Am. Jur. 2d, Trademarks and Tradenames, §§ 1 et seq., 50 et seq. C.J.S. 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 1 et seq., 250 et seq.
ALR. Right of one to protection of trade name which he does not use, 48 A.L.R. 1257. Common-law copyright in the spoken word, 32 A.L.R.3d 618.