Part creates new remedy without abrogating existing remedy.

- Enactment of this part for the protection of such organizations as are named therein against the infringement and unauthorized use of their names and emblems merely created a new remedy for an existing right, and did not expressly, or by necessary implication, abrogate the preexisting remedy. Supreme Grand Lodge v. Most Worshipful Prince Hall Grand Lodge, 209 F.2d 156 (5th Cir.), cert. denied, 347 U.S. 953, 74 S. Ct. 679, 98 L. Ed. 1099 (1954).

Voluntary associations.

- Former Civil Code 1910, §§ 1993 and 1994 were for the protection of any benevolent or other organization which was incorporated, against others using or adopting its name, style, or emblems, and the statutes cannot be invoked by voluntary associations. Faisan v. Adair, 144 Ga. 797, 87 S.E. 1080, 1918A Ann. Cas. 243 (1916), later appeal, 148 Ga. 403, 96 S.E. 871 (1918), cert. denied, 248 U.S. 583, 39 S. Ct. 136, 63 L. Ed. 432 (1919); Methodist Episcopal Church S., Inc. v. Decell, 60 Ga. App. 843, 5 S.E.2d 66 (1939).

Infringement will be enjoined.

- Equity will enjoin a corporation or individuals that are using the name, insignia, and emblems of an existing benevolent fraternal association to the injury of the latter. Under the facts of this case, there was no abuse of discretion in granting the injunction. Faisan v. Adair, 144 Ga. 797, 87 S.E. 1080, 1918A Ann. Cas. 243 (1916), later appeal, 148 Ga. 403, 96 S.E. 871 (1918), cert. denied, 248 U.S. 583, 39 S. Ct. 136, 63 L. Ed. 432 (1919).

Including use of name.

- When it is made to appear that the name in question is being used, or indeed if it is shown that it can be used, to mislead the public and induce the belief that the association which is using the name which another is justly entitled to use, the defendant should be enjoined from the use of this name in toto, and not merely partially enjoined. Graves v. District Grand Lodge No. 18, 161 Ga. 110, 129 S.E. 783 (1925).

Use of ritual, passwords, and tokens.

- It was error to omit or refuse to enjoin the use by the defendant of the ritual, passwords, signs, tokens, etc., of the national order. Graves v. District Grand Lodge No. 18, 161 Ga. 110, 129 S.E. 783 (1925).

Addition of suffix "Incorporated" is not sufficient relief. Graves v. District Grand Lodge No. 18, 161 Ga. 110, 129 S.E. 783 (1925).

Am. Jur. 2d.

- 36 Am. Jur. 2d, Fraternal Orders and Benefit Societies, §§ 24, 25.

23A Am. Jur. Pleading and Practice Forms, Trademarks and Tradenames, §§ 73 et seq., 75 et seq.

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 24 et seq.

ALR.

- Right to enjoin use of name of defunct corporation, 27 A.L.R. 1024.

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

Doctrine of secondary meaning in the law of trademarks and of unfair competition, 150 A.L.R. 1067.

Right, in absence of self-imposed restraint, to use one's own name for business purposes to detriment of another using the same or a similar name, 44 A.L.R.2d 1156.

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

"Post-sale confusion" in trademark or trade dress infringement actions under § 43 of the Lanham Trade-Mark Act (15 USCA § 1125), 145 A.L.R. Fed. 407.

When is trade dress "inherently distinctive" for purposes of trade dress infringement actions under § 43(a) of Lanham Act (15 USCA § 1125(a)) - Cases after Two Pesos, 161 A.L.R. Fed. 327.