reglab/housing_qa huggingface dataset:
GA Code § 10-1-471 (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|§ 10-1-471. Injunction Against Infringement

 Whenever there shall be an actual or threatened violation of Code Section 10-1-470, the organization entitled to the exclusive use of the name in question under the terms of said Code section shall have the right to apply to the proper court for an injunction to restrain the infringement of its name and the use of its emblems; and, if it shall be made to appear to the court that the defendants are in fact infringing or about to infringe on the name and style of a previously existing benevolent, fraternal, social, humane, or charitable organization in the manner prohibited in said Code section or that the defendant or the defendants are wearing or using the badge, insignia, or emblems of said organization without the authority thereof and in violation of said Code section, an injunction may be issued by the court under the principles of equity without requiring proof that any person has been in fact misled or deceived by the infringement of such name or the use of such emblem.   (Ga. L. 1909, p. 139, § 2; Civil Code 1910, § 1994; Code 1933, § 106-202.)   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.    - 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.
GA Code § 10-1-472 (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|§ 10-1-472. Unauthorized Use of Emblem or Name or False Claim of Membership a Misdemeanor

 Any person who shall wear a badge, button, or other emblem or shall use the name or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization which is entitled to the exclusive use of such name and emblems under Code Section 10-1-470, either in the identical form or in such near resemblance thereto as to be a colorable imitation of such emblem or name, unless entitled to do so under the laws, rules, and regulations of such organization, shall be guilty of a misdemeanor.   (Ga. L. 1909, p. 139, § 3; Penal Code 1910, § 258; Code 1933, § 106-9905.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 36 Am. Jur. 2d, Fraternal Orders and Benefit Societies, §§ 24, 25.   C.J.S.   - 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 24 et seq.
GA Code § 10-1-491 (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 3 - Registration of Businesses Using Trade Names|§ 10-1-491. Contracts of Unregistered Businesses Valid; Costs to Be Paid if Name Not Registered

 The effect of this part shall be that no contract or undertaking entered into by any person, firm, or corporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not filed or registered in accordance with the laws in force at the time such contract or undertaking was entered into; but all such contracts and undertakings are expressly validated as against any such objection; and no action heretofore or hereafter instituted by any such person, firm, partnership, or corporation, whether sounding in contract or tort, shall be defeated because of any such failure to register. But the party who has failed to register his trade or partnership name at the time action is filed, as required by this part, shall be cast with court costs.   (Ga. L. 1937, p. 804, § 5.)
GA Code § 10-1-492 (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 3 - Registration of Businesses Using Trade Names|§ 10-1-492. Exemption of Corporations, Limited or Professional Partnerships, or Limited Liability Companies

 This part shall not apply to corporations doing business under their corporate names, to limited partnerships doing business under their limited partnership names, or to limited liability companies doing business under their limited liability company names which have been filed for record pursuant to Chapter 9, 9A, or 11 of Title 14, as amended, or to persons practicing any profession under a partnership name.   (Ga. L. 1929, p. 233, § 4; Code 1933, § 106-304; Ga. L. 1937, p. 804, §§ 1, 6; Ga. L. 1943, p. 398, § 1; Ga. L. 1973, p. 480, § 1; Ga. L. 1981, p. 872, § 2; Ga. L. 1989, p. 14, § 10; Ga. L. 1989, p. 931, § 17; Ga. L. 1994, p. 161, § 1.)   Editor's notes.   - Ga. L. 1989, p. 14, § 10, was superseded by Ga. L. 1989, p. 931, § 17, which was enacted later.   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 184 (1989).   JUDICIAL DECISIONS    Cited in National Brands Stores, Inc. v. Muse & Assocs., 183 Ga. 88, 187 S.E. 84 (1936); Constitution Publishing Co. v. Lyon, 52 Ga. App. 434, 183 S.E. 653 (1936); Womble v. Parker, 208 Ga. 378, 67 S.E.2d 133 (1951).
GA Code § 10-1-493 (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 3 - Registration of Businesses Using Trade Names|§ 10-1-493. Penalty for Failing to Register

 Any person, firm, partnership, or corporation carrying on any trade or business subject to registration under Code Section 10-1-490 without filing such registration as required by Code Section 10-1-490 shall be guilty of a misdemeanor but shall suffer no other or further penalty or forfeiture on account of any such failure to register, except costs as provided in Code Section 10-1-491.   (Ga. L. 1929, p. 233, § 5; Code 1933, § 106-9906; Ga. L. 1937, p. 804, § 3.)
GA Code § 10-1-620 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-620. Short Title

 This article shall be known and may be cited as the "Georgia Motor Vehicle Franchise Practices Act."    (Code 1981, §10-1-620, enacted by Ga. L. 1993, p. 1585, § 2.)   Law reviews.   - For annual survey on business associations, see 65 Mercer L. Rev. 55 (2013).   JUDICIAL DECISIONS   Anti-encroachment provision construed.    - Under the Georgia Motor Vehicle Franchise Practices Act, O.C.G.A. § 10-1-620 et seq., a corporate dealership's relevant market area, the area for which the dealer has standing to resist competition by a new or relocated dealership of the same franchisor, is the area located within an eight-mile radius of where a dealer qualified as such because the dealer is engaged in the business of selling new motor vehicles, sells those vehicles, or when a dealer qualified as such because the dealer engages exclusively in the repair of motor vehicles. WMW, Inc. v. Am. Honda Motor Co., 291 Ga. 683, 733 S.E.2d 269 (2012).    Cited in Capital Ford Truck Sales, Inc. v. Ford Motor Co., 819 F. Supp. 1555 (N.D. Ga. 1992); Coffee v. GMAC, 5 F. Supp. 2d 1365 (S.D. Ga. 1998); DaimlerChrysler Motors Co. v. Clemente, 294 Ga. App. 38, 668 S.E.2d 737 (2008).
GA Code § 10-1-621 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-621. Legislative Findings

 The General Assembly finds and declares that:    The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare;   The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state;   The maintenance of full and fair competition among dealers and others is in the public interest; and   The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state.     (Code 1981, §10-1-621, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-624 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-624. Persons Subject to Article; Written Instruments Violating Article Void; Franchisor's Use of Subsidiary to Accomplish Illegal Act

  Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state.   The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.   Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article, and any amendments thereto, shall be deemed null and void and without force and effect.   No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor.     (Code 1981, §10-1-624, enacted by Ga. L. 1993, p. 1585, § 2; Ga. L. 2010, p. 988, § 4/HB 1072.)   Editor's notes.   - Ga. L. 2010, p. 988, § 1, not codified by the General Assembly, provides: "WHEREAS, the General Assembly desires to reaffirm the legislative findings and declarations set forth in Code Section 10-1-621 and to make changes to the Georgia Motor Vehicle Franchise Practices Act in an effort to promote the stability of franchised motor vehicle dealerships in this state, thereby maintaining necessary reliable services to the consuming public, maintaining full and fair competition among dealers in the public interest, and providing continued employment to the citizens of this state."   JUDICIAL DECISIONS    Cited in  Coffee v. GMAC, 5 F. Supp. 2d 1365 (S.D. Ga. 1998).
GA Code § 10-1-625 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-625. Statute of Limitations

 Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action.    (Code 1981, §10-1-625, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-626 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-626. Remedies Not Exclusive

 The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law.The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts of this article.    (Code 1981, §10-1-626, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-627 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-627. Waiver of Article Void; Voluntary Releases Valid

 No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration.    (Code 1981, §10-1-627, enacted by Ga. L. 1993, p. 1585, § 2; Ga. L. 2010, p. 988, § 5/HB 1072.)   Editor's notes.   - Ga. L. 2010, p. 988, § 1, not codified by the General Assembly, provides: "WHEREAS, the General Assembly desires to reaffirm the legislative findings and declarations set forth in Code Section 10-1-621 and to make changes to the Georgia Motor Vehicle Franchise Practices Act in an effort to promote the stability of franchised motor vehicle dealerships in this state, thereby maintaining necessary reliable services to the consuming public, maintaining full and fair competition among dealers in the public interest, and providing continued employment to the citizens of this state."
GA Code § 10-1-628 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 1 - General Consideration|§ 10-1-628. Attorney's Fees in Action to Enforce Article

 Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees.Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed.    (Code 1981, §10-1-628, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-630 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 2 - Motor Vehicle Dealer's Day in Court|§ 10-1-630. Short Title

 This part shall be known and may be cited as the "Georgia Motor Vehicle Dealer's Day in Court Act."    (Code 1981, §10-1-630, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-631 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 2 - Motor Vehicle Dealer's Day in Court|§ 10-1-631. Practices Violative of Existing Law

  It is declared to be violative of the existing law of the State of Georgia for any franchisor:   To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or   To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer.     Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of Part 1 of this article, the "Georgia Motor Vehicle Franchise Practices Act."     (Code 1981, §10-1-631, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-640 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 3 - Motor Vehicle Warranty Practices|§ 10-1-640. Short Title

 This part shall be known and may be cited as the "Motor Vehicle Warranty Practices Act."    (Code 1981, §10-1-640, enacted by Ga. L. 1993, p. 1585, § 2.)   RESEARCH REFERENCES   ALR.   - Validity, construction and effect of state motor vehicle warranty legislation, 88 A.L.R.5th 301.
GA Code § 10-1-642 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 3 - Motor Vehicle Warranty Practices|§ 10-1-642. Risk of Loss for Vehicle in Transit

 Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the franchisor until such time as the dealer or his designee accepts the vehicle from the carrier.    (Code 1981, §10-1-642, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-643 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 3 - Motor Vehicle Warranty Practices|§ 10-1-643. Payment of Dealer's Attorney's Fees by Manufacturer, Distributor, or Warrantor

 All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney's fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, design of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action.In addition, this Code section only applies to actions in which a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the manufacturer, distributor, or warrantor enters into an agreement which settles or makes final disposition of the action.    (Code 1981, §10-1-643, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-644 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 3 - Motor Vehicle Warranty Practices|§ 10-1-644. Exemptions From Part

 This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which are contrary to matters contained in this part.    (Code 1981, §10-1-644, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-650 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 4 - Motor Vehicle Franchise Continuation and Succession|§ 10-1-650. Short Title

 This part shall be known and may be cited as the "Motor Vehicle Franchise Continuation and Succession Act."    (Code 1981, §10-1-650, enacted by Ga. L. 1993, p. 1585, § 2.)
GA Code § 10-1-653 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 4 - Motor Vehicle Franchise Continuation and Succession|§ 10-1-653. Sale of Dealership Franchise; Notice to Franchisor

 If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale and may not disapprove or withhold approval of such change or sale unless the franchisor can prove that its decision is not arbitrary and that the new management, owner, or transferee is unfit or unqualified to be a dealer based on the franchisor's prior written, reasonable, objective, and uniformly applied, within reasonable classifications, standards or qualifications which directly relate to the prospective transferee's business experience, moral character, and financial qualifications. A franchisor may not disapprove or withhold approval of a change or sale if the new management, owner, or transferee is an owner of a dealership in the State of Georgia which sells the same line-make motor vehicle as the dealership being transferred unless such management, owner, or transferee is not in substantial compliance with its existing franchise agreement relating to performance in the areas of customer satisfaction or sales or unless such management, owner, or transferee does not meet the franchisor's prior written, reasonable, objective, and uniformly applied standards or qualifications relating to its financial qualifications or moral character. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved.    (Code 1981, §10-1-653, enacted by Ga. L. 1993, p. 1585, § 2; Ga. L. 1999, p. 1194, § 4.)
GA Code § 10-1-654 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 4 - Motor Vehicle Franchise Continuation and Succession|§ 10-1-654. Applicability of Part

 Reserved.Repealed by Ga. L. 1999, p. 1194, § 5, effective May 3, 1999.   Editor's notes.   - This Code section was based on Code 1981, § 10-1-654, enacted by Ga. L. 1993, p. 1585, § 2.
GA Code § 10-1-660 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 1 - Selling and Other Trade Practices|Article 22 - Motor Vehicle Franchise Practices|Part 5 - Motor Vehicle Fair Practices|§ 10-1-660. Short Title

 This part shall be known and may be cited as the "Motor Vehicle Fair Practices Act."    (Code 1981, §10-1-660, enacted by Ga. L. 1993, p. 1585, § 2.)