417.150. Misuse of names of certain societies prohibited. — 1. No person, society, association or corporation shall assume, adopt or use the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable organization incorporated or organized under the laws of this or any other state or of the United States, or a name so nearly resembling the name of such incorporated organization as to be a colorable imitation thereof, or calculated to deceive any person with respect to such corporation.
2. In all cases where two or more such societies, associations, corporations or organizations claim the right to the same name or names substantially similar as above provided, the organization which was first organized and used the name and first became incorporated or organized under the laws of the United States or of any state in the union, shall be entitled in this state to the prior and exclusive use of such name, and the rights of such societies, associations, corporations or organizations and of their individual members shall be fixed and determined accordingly.
Notes of Decisions
Missouri Fed'n of the Blind v. Nat'l Fed'n of the Blind of Missouri, Inc., 546 S.W.2d 182 (Mo. Ct. App. 1976).
· cites it 12× “In view of the broadness of that claim, however, it need not be decided that the defendant’s use of the name National Federation of the Blind is authorized by reason of Section 417.150, although it seems clear that the trial court erroneously concluded that the mere fact of…”
Saint Louis Univ. v. Meyer, 625 F. Supp. 2d 827 (E.D. Mo. 2008).
· cites it 5× “The conduct that plaintiff claims to be infringing was the defendant's use of the university's marks in incorporating the non-profit entity; the Court fails to see the legal import of the defendant's later use of the letterhead to cancel the articles of incorporation.”
Missouri Fed'n of the Blind v. Nat'l Fed'n of the Blind of Missouri, Inc., 505 S.W.2d 1 (Mo. Ct. App. 1973).
· cites it 2× “NFB asserts paramount right to its name and emblem under §§ 417.150, et seq., RSMo 1969, which accord, as between charitable organizations claiming the right to the same or similar name, the priority and exclusive use to that charity first lawfully organized and using the name,…”
Mo. Rev. Stat. § 417.150(2): 1 case
Missouri Fed'n of the Blind v. Nat'l Fed'n of the Blind of Missouri, Inc., 546 S.W.2d 182 (Mo. Ct. App. 1976).
“In view of the broadness of that claim, however, it need not be decided that the defendant’s use of the name National Federation of the Blind is authorized by reason of Section 417.150, although it seems clear that the trial court erroneously concluded that the mere fact of…”
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