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2018 Georgia Code 10-1-452 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-452 Case Law from Google Scholar Amendments to OCGA 10-1-452

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 16 TRADEMARKS, SERVICE MARKS, AND TRADE NAMES

10-1-452. 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.

(Ga. L. 1952, p. 134, § 18; Ga. L. 1963, p. 463, § 13.)

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 (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 (N.D. Ga. 2006).

Cited in India-American Cultural Ass'n v. iLink Professionals, Inc., 296 Ga. 668, 769 S.E.2d 905 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 41 et seq.

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 1, 198.

ALR.

- Right of one to protection of tradename which he does not use, 48 A.L.R. 1257.

Common-law copyright in the spoken word, 32 A.L.R.3d 618.

Cases Citing O.C.G.A. § 10-1-452

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India-Am. Cultural Ass'n, Inc v. Ilink Professionals, Inc., 296 Ga. 668 (Ga. 2015).

Cited 5 times | Published | Supreme Court of Georgia | Mar 2, 2015 | 769 S.E.2d 905

...Womble v. Parker, 208 Ga. 378, 380 (4) (67 SE2d 133) (1951). Nor does registration under the statutory scheme “adversely affect the enforcement of rights in trademarks or service marks acquired in good faith at any time in common law.” OCGA § 10-1-452....
...However, what registration of a service mark or trademark does do is permit the owner of the registered mark to invoke the remedy of a civil action for damages pursuant to OCGA § 10-1-450,6 and more significantly 6 OCGA § 10-1-450 provides: Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in...

India-Am. Cultural Ass'n, Inc v. Ilink Professionals, Inc. (Ga. 2015).

Published | Supreme Court of Georgia | Mar 2, 2015 | 769 S.E.2d 905

...Womble v. Parker, 208 Ga. 378, 380 (4) (67 SE2d 133) (1951). Nor does registration under the statutory scheme “adversely affect the rights or enforcement of rights in trademarks or service marks acquired in good faith at any time at common law.” OCGA § 10-1-452....
...ke the remedy of a civil action for damages pursuant to OCGA § 10-1-450,6 and more significantly for the purpose of the present appeal, to invoke injunctive relief 6 OCGA § 10-1-450 provides: Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part...