§23. Repealed by Acts 2014, No. 328, §5, eff. Jan. 1, 2015.
Acts No. 1968, No. 105, §1. Amended by Acts 1992, No. 780, §2, eff. July 7, 1992; Acts 1993, No. 983, §1, eff. June 25, 1993; Acts 1997, No. 296, §§1, 2; Acts 1997, No. 362, §1; Acts 1999, No. 342, §5; Acts 1999, No. 860, §2, eff. July 2, 1999; Acts 2001, No. 631, §1; Acts 2003, No. 279, §2; Acts 2008, No. 913, §2; Acts 2014, No. 328, §5, eff. Jan. 1, 2015.
Notes of Decisions
Couhig's Pestaway Co., Inc. v. Pestaway, Inc., 278 So. 2d 519 (La. Ct. App. 1973).
· cites it 8× “It contends that it is entitled to judgment enjoining defendant from doing business in its *521 corporate name, under the provisions of LSA-R.S. 12:23. LSA-R.S. 12:23 provides that the name of a newly formed corporation ".”
Givens Jewelers, Inc. v. Givens, 380 So. 2d 1227 (La. Ct. App. 1980).
“The name Givens Jewelers is not distinctive, and, under the circumstances shown, is not subject to exclusive appropriation by either litigant. The public is not confused, mistaken or deceived, either by billboard advertisements, which do not designate a store location, or by…”
Welch v. Fuhrman, 496 So. 2d 484 (La. Ct. App. 1986).
· cites it 2× “Evidence adduced at trial revealed that neither the company's letterhead nor checks and bank accounts contained any language indicating corporate existence as required by LSA-R.S. 12:23. [4] Furthermore, Glynda Welch testified at trial that at the time she and her husband…”
Mansfield Hardwood Lumber Co. v. Hattie A. Johnson, 263 F.2d 748 (5th Cir. 1959).
“Unless the articles otherwise provide, a corporation may purchase its own shares of any class issued by it, but only out of surplus available for dividends, and only if the purchase does not violate the contractual right of any other class of shares * * LSA-R.S. 12:23, subd. A.…”
Plantation on the Green, Inc. v. Gamble, 441 So. 2d 299 (La. Ct. App. 1983).
“R.S. 12:23(F) specifically provides: F. The assumption of a name in violation of this section shall not affect or vitiate the corporate existence, but the court having jurisdiction may, upon application of the state or of any person, unincorporated association or corporation…”
Metalock Corp. v. Metal-Locking of Louisiana, Inc., 260 So. 2d 814 (La. Ct. App. 1972).
“12:4 through the year 1968, (then amended and placed in LSA-R.S. 12:23 effective January 1, 1969) providing that the corporate name shall not be the same as, nor deceptively similar to, the name of any other corporation.”
Cooper-Weir, Inc. v. Cooper, 309 So. 2d 732 (La. Ct. App. 1975).
· cites it 6× “Plaintiff seeks the injunction on the basis of LSA-R.S. 12:23(B) which states in pertinent part: “ * * * The corporate name shall not be the same as, nor deceptively similar to, a name reserved pursuant to subsection G of this section; and shall not be the same as, nor…”
Leonardi v. Dress Rack, 444 So. 2d 780 (La. Ct. App. 1984).
“R.S. 12:23. This, coupled with Dress Rack's denial that it was a corporation, should have placed plaintiff on notice that she would be required to prove Dress Rack's status.”
Baltazor v. Walden, 459 So. 2d 711 (La. Ct. App. 1984).
“R.S. 12:23 F. Further, legal questions remain unanswered regarding the propriety of plaintiff's action in having his representatives *714 appropriate the corporate name of the original corporation to plaintiff's new corporation while the plaintiff was serving in the fiduciary…”
La. Rev. Stat. § 12:23(A): 1 case
Welch v. Fuhrman, 496 So. 2d 484 (La. Ct. App. 1986).
“Evidence adduced at trial revealed that neither the company's letterhead nor checks and bank accounts contained any language indicating corporate existence as required by LSA-R.S. 12:23. [4] Furthermore, Glynda Welch testified at trial that at the time she and her husband…”
La. Rev. Stat. § 12:23(B): 1 case
Cooper-Weir, Inc. v. Cooper, 309 So. 2d 732 (La. Ct. App. 1975).
“Plaintiff seeks the injunction on the basis of LSA-R.S. 12:23(B) which states in pertinent part: “ * * * The corporate name shall not be the same as, nor deceptively similar to, a name reserved pursuant to subsection G of this section; and shall not be the same as, nor…”
La. Rev. Stat. § 12:23(C): 1 case
Givens Jewelers, Inc. v. Givens, 380 So. 2d 1227 (La. Ct. App. 1980).
“The name Givens Jewelers is not distinctive, and, under the circumstances shown, is not subject to exclusive appropriation by either litigant. The public is not confused, mistaken or deceived, either by billboard advertisements, which do not designate a store location, or by…”
La. Rev. Stat. § 12:23(F): 2 cases
Plantation on the Green, Inc. v. Gamble, 441 So. 2d 299 (La. Ct. App. 1983).
“R.S. 12:23(F) specifically provides: F. The assumption of a name in violation of this section shall not affect or vitiate the corporate existence, but the court having jurisdiction may, upon application of the state or of any person, unincorporated association or corporation…”
Cooper-Weir, Inc. v. Cooper, 309 So. 2d 732 (La. Ct. App. 1975).
“Plaintiff seeks the injunction on the basis of LSA-R.S. 12:23(B) which states in pertinent part: “ * * * The corporate name shall not be the same as, nor deceptively similar to, a name reserved pursuant to subsection G of this section; and shall not be the same as, nor…”
La. Rev. Stat. § 12:23(G): 3 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.