Use of another's name with consent.

- By the express provisions of this section, the name of a person can be used by another in the conduct of the other's business with the consent of the person whose name is used. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

In absence of statute, the right to use the name of an individual in a corporate trade name without the individual's consent depends entirely on the law in relation to trademarks, trade names, and unfair competition, and for a corporation or an individual to adopt and use as a part of a trade name a personal surname is not unlawful as against an individual having the same surname but not engaged in the same business, even though no one of that name is connected with such corporation or individual, unless the name is adopted or used purposely to mislead the public as to the identity of the corporation with another establishment, and thus cause injury to the latter, or the adoption is prohibited by statute. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

Use of surname.

- Right of a corporation to use the surname of another person with the person's consent is not prohibited. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

Use of trade name other than corporate name.

- Corporation may acquire right to use trade name other than corporate name in connection with the corporation's business. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

Right to use own name.

- In the absence of license, contract, fraud, or estoppel, every man has the right to use the man's own name in any legitimate way. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

A natural person, in the absence of self-imposed restraint, has a right to the honest use of the person's surname in conducting any business, though such use may be detrimental to other individuals of the same name, or to corporations in the charters of which such name forms the whole or an integral part. Tanner-Brice Co. v. Sims, 174 Ga. 13, 161 S.E. 819 (1931).

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 75 et seq.

C.J.S.

- 87 C.J.S. Trademarks, Trade-Names, and Unfair Competition, § 153.

ALR.

- Right to protection in use of initials as a trademark or trade name, or upon the ground of unfair competition, 11 A.L.R. 1286.

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

Validity and effect of contract, unconnected with transfer of any business or professional interest, purporting to grant exclusive right to use one's name or likeness for advertising purposes, 101 A.L.R. 492.

Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.

Right to protection of corporate name, as between domestic corporation and foreign corporation not qualified to do business in state, 26 A.L.R.3d 994.

Incorporation of company under particular name as creating exclusive right to such name, 68 A.L.R.3d 1168.

Use of "family name" by corporation as unfair competition, 72 A.L.R.3d 8.

Right to publicize or commercially exploit deceased person's name or likeness as inheritable, 10 A.L.R.4th 1193.