reglab/housing_qa huggingface dataset:
GA Code § 10-1-439.2 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 7 - Firearms Industry Nondiscrimination|§ 10-1-439.2. Discrimination in Financial Services Prohibited

 Unless otherwise precluded by law, regulation, or membership eligibility, it shall be an unlawful discriminatory practice for any person to refuse to provide financial services of any kind to, to refrain from continuing to provide existing financial services to, to terminate existing financial services with, or to otherwise discriminate in the provision of financial services against a person or trade association solely because such person or trade association is engaged in the lawful commerce of firearms or ammunition products and is licensed pursuant to Chapter 44 of Title 18 of the United States Code or is a trade association.    (Code 1981, §10-1-439.2, enacted by Ga. L. 2017, p. 555, § 2/HB 292.)   Cross references.   - Georgia Fair Lending Act, § 7-6A-1 et seq.
GA Code § 10-1-439.3 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 7 - Firearms Industry Nondiscrimination|§ 10-1-439.3. Role of Attorney General in Prosecuting Violators

 Whenever the Attorney General has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this part, the Attorney General shall, upon written request or by his or her own initiative, investigate and, upon finding a probable violation of this part, bring an action in the name of the state against such person to:    Obtain a declaratory judgment that the act or practice violates the provisions of this part;   Enjoin any act or practice that violates the provisions of this part by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; and   Recover civil penalties of up to $10,000.00 per violation of this part or any injunction, judgment, or consent order issued or entered into under the provisions of this chapter and reasonable expenses, investigative costs, and attorney's fees.     (Code 1981, §10-1-439.3, enacted by Ga. L. 2017, p. 555, § 2/HB 292.)
GA Code § 10-1-439.4 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 15 - Deceptive or Unfair Practices|Part 7 - Firearms Industry Nondiscrimination|§ 10-1-439.4. Exemptions

 The provisions of this part shall not apply to any bank, trust company, credit union, or merchant acquirer limited purpose bank that is chartered under the laws of this state or any other state to the extent that federal law precludes or preempts or has been determined to preclude or preempt the application of the provisions of this part to any federally chartered bank, trust company, credit union, or merchant acquirer limited purpose bank.    (Code 1981, §10-1-439.4, enacted by Ga. L. 2017, p. 555, § 2/HB 292.)
GA Code § 10-1-442 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-442. Registration of Marks - Application; Fee

  Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trademark or service mark setting forth, but not limited to:   The name and business address of the person applying for such registration and, if a corporation, the state of incorporation;   A description of the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall; and   The date when the trademark or service mark was first used anywhere, as well as the date when it was first used in this state by the applicant or his predecessor in business.     The application shall be signed and verified by the applicant and shall be accompanied by a specimen or facsimile of such trademark or service mark in triplicate and a filing fee of $15.00, payable to the Secretary of State.    (Ga. L. 1893, p. 134, § 3; Civil Code 1895, § 1738; Civil Code 1910, § 1990; Code 1933, § 106-102; Ga. L. 1949, p. 949, § 1; Ga. L. 1952, p. 134, § 8; Ga. L. 1963, p. 463, § 3; Ga. L. 1983, p. 1470, § 1; Ga. L. 1987, p. 563, § 1.)   Law reviews.   - For article, "A Patent and Trademark Primer," see 15 Ga. St. B. J. 58 (1978).   JUDICIAL DECISIONS   Registration cannot deprive another of vested right.    - Provisions as to registration were permissive and not mandatory, and a compliance by one with the provisions thereof cannot operate to deprive another of the use of a trade name or trademark previously acquired, although not thus registered, or to nullify the provisions of former Code 1933, § 37-712, that any attempt to encroach upon the business of a trader, or other person, by the use of similar trademarks, names, or devices, with the intention of deceiving and misleading the public, was a fraud for which equity will grant relief. Womble v. Parker, 208 Ga. 378, 67 S.E.2d 133 (1951).   Statutory use requirement not satisfied.   - District properly cancelled plaintiff's Georgia registration of a service mark because registration was granted improperly as the plaintiff did not satisfy the statutory use requirement, and there was no basis for reformation of registration. Underwood v. Bank of Am., Corp., F.3d (10th Cir. Apr. 30, 2021).    Cited in O'Jay Spread Co. v. Hicks, 185 Ga. 507, 195 S.E. 564 (1938); Rolls-Royce Motors, Ltd. v. A & A Fiberglass, Inc., 428 F. Supp. 689 (N.D. Ga. 1977).   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 73.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, §§ 191, 220, 221.   ALR.   - Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.
GA Code § 10-1-444 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-444. Registration of Marks

 Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trademark or service mark; the date claimed for the first use of the trademark or service mark anywhere and the date claimed for the first use of the trademark or service mark in this state; the class of goods or services and a description of the goods or services on which the trademark or service mark is used; a reproduction of the trademark or service mark; the registration date; and the term of the registration.   (Ga. L. 1893, p. 134, § 3; Civil Code 1895, § 1738; Civil Code 1910, § 1990; Code 1933, § 106-102; Ga. L. 1949, p. 949, § 1; Ga. L. 1952, p. 134, § 9; Ga. L. 1963, p. 463, § 4; Ga. L. 1982, p. 3, § 10; Ga. L. 2011, p. 99, § 15/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).   JUDICIAL DECISIONS   Registration cannot deprive another of vested right.    - Provisions as to registration were permissive and not mandatory, and a compliance by one with the provisions thereof cannot operate to deprive another of the use of a trade name or trademark previously acquired, although not thus registered, or to nullify the provisions of former Code 1933, § 37-712, that any attempt to encroach upon the business of a trader, or other person, by the use of similar trade-marks, names, or devices, with the intention of deceiving and misleading the public, was a fraud for which equity will grant relief. Womble v. Parker, 208 Ga. 378, 67 S.E.2d 133 (1951).    Cited in O'Jay Spread Co. v. Hicks, 185 Ga. 507, 195 S.E. 564 (1938); Rolls-Royce Motors, Ltd. v. A & A Fiberglass, Inc., 428 F. Supp. 689 (N.D. Ga. 1977).   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 55 et seq.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 243 et seq.
GA Code § 10-1-445 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-445. Registration of Marks - Duration; Renewal; Fee

  Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of registration; and, upon application filed within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of $15.00, payable to the Secretary of State, shall accompany the application for renewal of the registration.   A trademark or service mark registration may be renewed for successive periods of ten years in like manner.   The Secretary of State shall notify registrants of trademarks or service marks under this part of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration by writing to the last known address of the registrants.    (Ga. L. 1893, p. 134, § 3; Civil Code 1895, § 1738; Civil Code 1910, § 1990; Code 1933, § 106-102; Ga. L. 1949, p. 949, § 1; Ga. L. 1952, p. 134, § 10; Ga. L. 1963, p. 463, § 5; Ga. L. 1983, p. 1470, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 55 et seq.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 242.
GA Code § 10-1-446 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-446. Assignment of Mark and Registration; Recordation; Fee; New Certificate

 Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark is used or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $15.00, payable to the Secretary of State, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be ineffective as against a subsequent purchaser for value without notice unless it is recorded with the Secretary of State prior to the subsequent purchase.   (Ga. L. 1952, p. 134, § 11; Ga. L. 1963, p. 463, § 6; Ga. L. 1983, p. 1470, § 3.)   Law reviews.   - For article, "Community Defense of Union Free Status," regarding broadening the legal recognition of the interest "good will," see 32 Mercer L. Rev. 679 (1981).   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 10 et seq.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 253.   ALR.    - Payment of stock subscriptions in good will, 24 A.L.R. 1285.    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, 47 A.L.R. 1189; 44 A.L.R.2d 1156.   Sale of business or of real estate upon which business is conducted as transferring good will by implication, in absence of covenant not to compete, 65 A.L.R.2d 502.
GA Code § 10-1-447 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-447. Record of Registrations and Renewals to Be Kept by Secretary of State

 The Secretary of State shall keep for public examination a record of all trademarks or service marks registered or renewed under this part.   (Ga. L. 1952, p. 134, § 12; Ga. L. 1963, p. 463, § 7.)   RESEARCH REFERENCES   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 193.
GA Code § 10-1-448 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-448. Cancellation of Registrations

  The Secretary of State shall cancel from the register:   Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;   All registrations granted under this part and not renewed in accordance with the provisions of this part;   Any registration concerning which a court of competent jurisdiction shall find that:   The registered trademark or service mark has been abandoned;   The registrant is not the owner of the trademark or service mark;   The registration was granted improperly;   The registration was obtained fraudulently; or   The registered trademark or service mark is so similar to a trademark or service mark registered by another person in the United States Patent Office prior to the date of the filing of the application for registration by the registrant under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or     Any registration which a court of competent jurisdiction shall order canceled.     A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.    (Ga. L. 1952, p. 134, § 13; Ga. L. 1963, p. 463, § 8; Ga. L. 1983, p. 1470, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 70 et seq.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 194.   ALR.   - Abandonment of trademark or trade name, 3 A.L.R.2d 1226.   Reverse confusion doctrine under state trademark law, 114 A.L.R.5th 129.   When does product become generic term so as to warrant cancellation of registration of mark, pursuant to § 14 of Lanham Act (15 USCA § 1064), 156 A.L.R. Fed. 131.   Reverse confusion doctrine under Lanham Trademark Act, 187 A.L.R. Fed. 271.   Application of defense of laches in action to cancel trademark, 64 A.L.R. Fed. 2d 255.
GA Code § 10-1-449 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-449. Damages for Fraud or False Representation in Registering Mark

 Any person who shall for himself or on behalf of any person procure the filing or registration of any trademark or service mark in the office of the Secretary of State under the provisions of this part, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.   (Ga. L. 1952, p. 134, § 15; Ga. L. 1963, p. 463, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Trademarks and Tradenames, § 64.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 368.   ALR.    - Doctrine of secondary meaning in the law of trademarks and of unfair competition, 150 A.L.R. 1067.   Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.   Reverse confusion doctrine under state trademark law, 114 A.L.R.5th 129.   Award of Damages or Profits Under § 35(a) of Lanham Act (15 U.S.C.A. § 1117(a)) for False Designation of Origin and False Descriptions (15 U.S.C.A. § 1125(a)), 31 A.L.R. Fed. 3d 13.
GA Code § 10-1-452 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 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.)   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.
GA Code § 10-1-453 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 1 - Registration and Use of Trademarks and Service Marks|§ 10-1-453. Unauthorized and Deceitful Use of Name or Seal a Misdemeanor

 Any firm, person, corporation, or association who shall use the name or seal of any other person, firm, corporation, or association, in and about the sale of goods or otherwise, not being authorized to use the same, knowing that such use is unauthorized, with intent to deceive the public in the sale of goods, shall be guilty of a misdemeanor.   (Ga. L. 1893, p. 134, § 6; Ga. L. 1895, p. 63, § 2; Penal Code 1895, § 255; Ga. L. 1896, p. 108, § 4; Penal Code 1910, § 257; Code 1933, § 106-9904.)   RESEARCH REFERENCES   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.
GA Code § 10-1-470 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 16 - Trademarks, Service Marks, and Trade Names|Part 2 - Names and Emblems of Fraternal, Charitable, and Other Organizations|§ 10-1-470. Imitation of Name or Emblem Prohibited; Priority of Right to Use Name

 No person or organization shall assume, use, adopt, become incorporated under, or continue to use the name and style or emblems of any benevolent, fraternal, social, humane, or charitable organization previously existing in this state, and which has been incorporated under the laws of this or any other state or of the United States, or a name and style or emblem so nearly resembling the name and style of such incorporated organization as to be a colorable imitation thereof. In all cases where two or more of such societies, associations, or corporations claim the right to the same name or to names substantially similar as above provided, the organization which was first organized and used the name and first became incorporated under the laws of the United States or of any state, whether incorporated in this state or not, shall be entitled in this state to the prior and exclusive use of such name; and the rights of such societies, associations, or corporations and of their individual members shall be fixed and determined accordingly.   (Ga. L. 1909, p. 139, § 1; Civil Code 1910, § 1993; Code 1933, § 106-201.)   RESEARCH REFERENCES   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.    - Application of principles of unfair competition to artistic or literary property, 19 A.L.R. 949.    Right to enjoin use of name of defunct corporation, 27 A.L.R. 1024.    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, 47 A.L.R. 1189; 44 A.L.R.2d 1156.    Right of automobile association to exclusive use of name or insignia, 83 A.L.R. 712.   Right of benevolent or fraternal society or organization to protection against use of same or similar name, insignia, or ritual by another organization, 76 A.L.R.2d 1396.   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.   Right of charitable or religious association or corporation to protection against use of same or similar name by another, 37 A.L.R.3d 277.