reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.12 - Exemptions

The following are exempt from the requirements of this part:
(1)
Any service provided by a business or its affiliate when either the business or its affiliate is doing business as a franchise issued by a political subdivision of this state;
(2)
Any service provided by a business or its affiliate when either the business or its affiliate is regulated by the Georgia Public Service Commission, the Georgia Department of Agriculture, the Federal Communications Commission, or the Federal Energy Regulatory Commission;
(3)
Any entity regulated by the Office of Insurance and Safety Fire Commissioner;
(4)
Any financial institution as defined in Code Section
7-1-4
or any subsidiary or affiliate of such institution, or any bank holding company as defined in Code Section
7-1-605
; and
(5)
Any foreign bank maintaining a branch or agency licensed under federal law or under the laws of any state of the United States.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 8 - GEORGIA ONLINE AUTOMATIC RENEWAL TRANSPARENCY (§§ 10-1-439.5 — 10-1-439.13) › Section 10-1-439.13 - Role of Attorney General in enforcement; civil damages or penalties; severability

(a)
The Attorney General shall be authorized to bring an action under this part to obtain a temporary or permanent injunction prohibiting the use of any method, act, or practice in violation of this part and to obtain restitution for consumers who are residents of this state and who incurred a loss of money or property as the direct result of a violation of this part.
(b)
If a business that allows a consumer to accept an automatic renewal or continuous service offer online complies with the provisions of this part in good faith, it shall not be subject to civil penalty or damages.
(c)
There shall be no private right of action for a violation of this part, nor shall a violation of this part serve as the basis for a private right of action under any other provision of law.
(d)
If any provision of this part or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application. To this end, the provisions of this part are severable.
Added by 2023 Ga. Laws 336,§ 1, eff. 1/1/2024, app. to any automatic renewal or continuous service plan or arrangement entered into on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 9 - GEORGIA ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY (§§ 10-1-439.15 — 10-1-439.19) › Section 10-1-439.15 - Short title

This part shall be known and may be cited as the "Georgia Online Third-Party Delivery Service Transparency Act."
Added by 2023 Ga. Laws 336,§ 2, eff. 1/1/2024, app. to any acts, practices, or transactions occurring on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 9 - GEORGIA ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY (§§ 10-1-439.15 — 10-1-439.19) › Section 10-1-439.16 - Purpose

The purpose of this part shall be to stop the practice of third-party delivery services taking orders for or arranging for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment and from using such establishment's name, likeness, registered trademark, or intellectual property without prior written consent from such establishment.
Added by 2023 Ga. Laws 336,§ 2, eff. 1/1/2024, app. to any acts, practices, or transactions occurring on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 9 - GEORGIA ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY (§§ 10-1-439.15 — 10-1-439.19) › Section 10-1-439.17 - Definitions

As used in this part, the term:
(1)
"Customer" means the person, business, or other entity placing or receiving an order, for remuneration, for the pickup, transportation, or delivery of ready-to-eat food from a food service establishment through a third-party delivery service.
(2)
"Food service establishment" shall have the same meaning as provided in Code Section
26-2-370
.
(3)
"Ready-to-eat food" means food in a form that is edible without additional preparation to render it safe for consumption.
(4)
"Third-party delivery service" means a business, other than a food service establishment, that, for remuneration, operates a platform, website, mobile application, or other electronic service through which the order, pickup, transportation, or delivery of ready-to-eat food from a food service establishment to a customer is arranged.
Added by 2023 Ga. Laws 336,§ 2, eff. 1/1/2024, app. to any acts, practices, or transactions occurring on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 9 - GEORGIA ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY (§§ 10-1-439.15 — 10-1-439.19) › Section 10-1-439.18 - Prohibited activity of third-party delivery services

A third-party delivery service shall not:
(1)
Take an order for or arrange for the pickup, transportation, or delivery of an order from a food service establishment to a customer without such establishment's prior written consent expressly authorizing such service to take such orders or arrange for the pickup, transportation, and delivery of such orders from such establishment to a customer; or
(2)
Use a food service establishment's name, likeness, registered trademark, or intellectual property on such service's platform, website, mobile application, or other electronic service or other public-facing materials in a manner that implies association, sponsorship, or endorsement without obtaining such establishment's prior written consent.
Added by 2023 Ga. Laws 336,§ 2, eff. 1/1/2024, app. to any acts, practices, or transactions occurring on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 15 - DECEPTIVE OR UNFAIR PRACTICES (§§ 10-1-370 — 10-1-439.19) › Part 9 - GEORGIA ONLINE THIRD-PARTY DELIVERY SERVICE TRANSPARENCY (§§ 10-1-439.15 — 10-1-439.19) › Section 10-1-439.19 - Enforcement; penalties

(a)
An aggrieved food service establishment alleging a third-party delivery service is in violation of this part may seek judicial enforcement of the requirements of this part in an action brought against such service in the county in which the violation occurred. The following civil penalties shall be imposed for a violation of this part: for the first violation, $1,000.00; for the second violation, $2,000.00; and for a third and any subsequent violation, $10,000.00.
(b)
In addition to the penalties provided for in subsection (a) of this Code section, an aggrieved food service establishment may bring an action to enjoin a third-party delivery service's violation of this part. If the court finds a violation of this part, the court shall issue an injunction against such service and may require such service to pay the injured establishment all profits derived from or damages resulting from the wrongful acts; provided, however, that, if the court finds that such service committed a wrongful act in bad faith, in the court's discretion, the court shall enter a judgment in an amount not to exceed three times the amount of profits derived and damages resulting from such wrongful acts and award reasonable attorney's fees to such establishment.
Added by 2023 Ga. Laws 336,§ 2, eff. 1/1/2024, app. to any acts, practices, or transactions occurring on or after 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-440 - When trademark or service mark used in state; definitions

(a)
As used in this part, the term:
(1)
"Applicant" means the person filing an application for registration of a trademark or service mark under this part and the legal representatives, successors, or assigns of the person filing an application for registration of a trademark or service mark under this part.
(2)
"Person" means any individual, firm, partnership, corporation, association, union, or other organization.
(3)
"Registrant" means the person to whom the registration of a trademark or service mark under this part is issued and the legal representatives, successors, or assigns of the person to whom the registration of a trademark or service mark under this part is issued.
(4)
"Service mark" means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify the services of one person and to distinguish them from the services of others.
(5)
"Trademark" means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
(b)
For the purposes of this part, a trademark shall be deemed to be "used" in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.
(c)
For the purposes of this part, a service mark shall be deemed to be "used" in this state when it is used to identify the services of one person and to distinguish them from the services of others and such services are sold or otherwise rendered in this state.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-441 - Registration of marks - When marks ineligible

A trademark or service mark shall be entitled to registration unless it:
(1)
Consists of or comprises immoral, deceptive, or scandalous matter; or
(2)
Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or
(3)
Consists of or comprises the flag or coat of arms or other insignia of the United States or of any state, county, or municipality or of any foreign nation or any simulation thereof, except that a county, municipality, or board of education shall be entitled to have registered its own service mark for use by that county, municipality, or board of education; or
(4)
Consists of or comprises the name, signature, or portrait of any living individual, except with his or her written consent; or
(5)
Consists of a mark which:
(A)
When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or
(B)
When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or
(C)
Is primarily merely a surname; or
(6)
Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in this state or a trademark or service mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; or
(7)
Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in the United States Patent Office by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive;
provided, however, that, should the applicant prove that the applicant is the owner of a concurrent registration in the United States Patent Office of a trademark or service mark covering an area including this state, the applicant may register such trademark or service mark under this part.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-442 - Registration of marks - Application; fee

(a)
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:
(1)
The name and business address of the person applying for such registration and, if a corporation, the state of incorporation;
(2)
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
(3)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
Amended by 2011 Ga. Laws 52,§; 15, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-445 - Registration of marks - Duration; renewal; fee

(a)
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.
(b)
A trademark or service mark registration may be renewed for successive periods of ten years in like manner.
(c)
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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-448 - Cancellation of registrations

(a)
The Secretary of State shall cancel from the register:
(1)
Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2)
All registrations granted under this part and not renewed in accordance with the provisions of this part;
(3)
Any registration concerning which a court of competent jurisdiction shall find that:
(A)
The registered trademark or service mark has been abandoned;
(B)
The registrant is not the owner of the trademark or service mark;
(C)
The registration was granted improperly;
(D)
The registration was obtained fraudulently; or
(E)
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
(4)
Any registration which a court of competent jurisdiction shall order canceled.
(b)
A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 10-1-450 - Civil action for infringement of registered mark

Subject to Code Section
10-1-452
, any person who shall:
(1)
Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark or service mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2)
Reproduce, counterfeit, copy, or colorably imitate any such trademark or service mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services;
shall be liable to a civil action by the owner of such registered trademark or service mark for liquidated damages in the amount of $10,000.00, if such act has been committed with knowledge that the trademark or service mark has been registered under this part and such act has been committed without previously obtaining the consent of the owner thereof, and for any or all of the remedies provided in subsection (a) of Code Section
10-1-451
, except that actual damages shall not be recoverable when liquidated damages are sought, and except that under paragraph (2) of this Code section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trademark or service mark is intended to be used to cause confusion or mistake or to deceive.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 1 - REGISTRATION AND USE OF TRADEMARKS AND SERVICE MARKS (§§ 10-1-440 — 10-1-454) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 2 - NAMES AND EMBLEMS OF FRATERNAL, CHARITABLE, AND OTHER ORGANIZATIONS (§§ 10-1-470 — 10-1-472) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 2 - NAMES AND EMBLEMS OF FRATERNAL, CHARITABLE, AND OTHER ORGANIZATIONS (§§ 10-1-470 — 10-1-472) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 2 - NAMES AND EMBLEMS OF FRATERNAL, CHARITABLE, AND OTHER ORGANIZATIONS (§§ 10-1-470 — 10-1-472) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 3 - REGISTRATION OF BUSINESSES USING TRADE NAMES (§§ 10-1-490 — 10-1-493) › Section 10-1-490 - Business using trade, partnership, or other name not showing ownership to file registration statement; indexing; fee

(a)
Every person, firm, or partnership carrying on in this state any trade or business under any trade name or partnership name or other name which does not disclose the individual ownership of the trade, business, or profession carried on under such name shall, within 30 days from March 29, 1937, or thereafter before commencing to do business, file in the office of the clerk of the superior court of the county in which the business is chiefly carried on or, in the case of a domestic corporation using any name other than its corporate name, in the county of its legal domicile, a registration statement, verified by affidavit, setting forth the name or names and addresses of the person, persons, firm, or partnership owning and carrying on said trade or business and stating the nature of the business being carried on and the trade, partnership, or other name used and shall, upon any change of ownership, likewise file a new and amended statement of registration. Notice of such filing giving the names and addresses of each person, firm, or partnership to engage in business under such trade name or partnership name shall be published in the paper in which the sheriff's advertisements are printed once a week for two weeks. No person, firm, or partnership already registered shall be required to reregister except in the event of a change of ownership.
(b)
The clerk shall register the same by filing the verified statement in his office and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office, the index to show the trade, partnership, or other name registered and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with the fee prescribed by Code Section
15-6-77
, relating to fees of clerks of the superior courts, as amended.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 3 - REGISTRATION OF BUSINESSES USING TRADE NAMES (§§ 10-1-490 — 10-1-493) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 3 - REGISTRATION OF BUSINESSES USING TRADE NAMES (§§ 10-1-490 — 10-1-493) › Section 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.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 16 - TRADEMARKS, SERVICE MARKS, AND TRADE NAMES (§§ 10-1-440 — 10-1-493) › Part 3 - REGISTRATION OF BUSINESSES USING TRADE NAMES (§§ 10-1-490 — 10-1-493) › Section 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
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-520 - Short title

This article shall be known and may be cited as the "Georgia Consignment of Art Act."
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-521 - Definitions

As used in this article, the term:
(1)
"Art dealer" means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a nonprofit organization.
(2)
"Artist" means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative.
(3)
"Consignment" means that no title to, estate in, or right to possession of the work of art superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art.
(4)
"Cooperative" means an association or group of artists which:
(A)
Engages in the business of selling only works of art which are produced or created by such artists;
(B)
Jointly owns, operates, and markets such business; and
(C)
Accepts such works of art from its members on consignment.
(5)
"Person" means an individual, partnership, corporation, association, entity, or other group, however organized.
(6)
"Value of the work of art" means an amount agreed upon by written contract as the monetary worth of a work of art which amount shall be used in determining damages in the instance of a violation of this article by an art dealer and shall not be used for any other purpose.
(7)
"Work of art" means an original art work which is:
(A)
A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
(B)
A work of calligraphy;
(C)
A work of graphic art, including an etching, lithograph, offset print, or silk screen;
(D)
A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
(E)
A work in mixed media, including a collage or a work consisting of any combination of subparagraphs (A) through (D) of this paragraph.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-522 - Delivery of artwork to dealer for exhibition or sale in exchange for compensation constituting consignment

Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-523 - Written contract required for consignment of work of art; violation by art dealer rendering artist's obligation voidable

(a)
An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishing:
(1)
The value of the work of art;
(2)
The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and
(3)
The minimum price for the sale of the work of art.
(b)
If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-524 - Effects of consignment

A consignment of a work of art shall result in all of the following:
(1)
The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state;
(2)
The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the consignee;
(3)
The consignee shall be responsible for the loss of, or damage to, the work of art; and
(4)
The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-525 - Art received as consignment to remain trust property; not subject or subordinate to claims, liens, or security interests

(a)
A work of art received as a consignment shall remain trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the consignee with respect to such transaction is discharged in full.
(b)
No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever of the consignee's creditors, anything in Code Section
11-2-326
or any other provision of Title 11 to the contrary notwithstanding.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-526 - Contractual waiver of liability for works of art consigned to cooperative

Any cooperative may contract with its members to waive liability for the loss of or damage to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-527 - Use or display of work of art or photograph thereof

An art dealer who accepts a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photograph of the work of art only if:
(1)
Notice is given to users or viewers that the work of art is the work of the artist; and
(2)
The artist gives prior written consent to the particular use or display.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-528 - Applicability to contracts executed prior to July 1, 1995

This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17A - CONSIGNMENT OF ART (§§ 10-1-520 — 10-1-529) › Section 10-1-529 - Liability for violations by art dealers

Any art dealer who violates this article is liable to the artist in an amount equal to:
(1)
Fifty dollars; and
(2)
The actual damages, if any, including the incidental and consequential damages sustained by the artist by reason of the violation and reasonable attorney's fees.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.1 - Short title

This article shall be known and may be cited as the "Georgia Museum Property Act."
Added by 2006 Ga. Laws 741, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.2 - Definitions

As used in this article, the term:
(1)
"Archives repository" means a nonprofit organization or a public agency whose primary functions include selecting, preserving, and making available records of historical or enduring value and that is open to the public on a regular basis. Archives repository does not include a public library.
(2)
"Loan" means the placement of property with a museum or archives repository that is not accompanied by a transfer of title of the property to the museum or archives repository and for which there is some record that the owner intended to retain title to the property. Loan does not include transfers between museums, between archives repositories, or between museums and archives repositories unless the transferring institution specifically provides in writing that the transfer is a loan under this article.
(3)
"Museum" means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving, or exhibiting property of educational, scientific, historic, cultural, or aesthetic interest and that is open to the public on a regular basis. Museum does not include a public library.
(4)
"Property" means personal property.
Added by 2006 Ga. Laws 741,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.3 - Accuracy of museum or archive records

(a)
Each museum or archives repository shall keep accurate records of all property on loan to the museum or archives repository, including the name and address of the owner, if known, and the beginning and ending date of the loan period. At the time that a person makes a loan to a museum or archives repository, the museum or archives repository shall give the owner of the property a copy of this article. If a museum or archives repository is notified of a change in the ownership of any property loaned to a museum or archives repository, the museum or archives repository shall inform the new owner of the provisions of the loan agreement and shall send the new owner a copy of this article. Not less than 90 days before a museum or archives repository changes its address or dissolves, the museum or archives repository shall notify all owners of that change of address or dissolution. If a museum or archives repository becomes the owner of property under Code Section
10-1-529.4
or
10-1-529.5
, the museum or archives repository shall maintain any records that the museum or archives repository has regarding the property for not less than two years after the date on which the museum or archives repository becomes the owner of the property.
(b)
The owner of property loaned to a museum or archives repository shall provide the museum or archives repository with written notice of any change of the owner's address, of the owner's designated agent, of the designated agent's address, and of the name and address of the new owner if there is a change in the ownership of the property loaned to the museum or archives repository.
Added by 2006 Ga. Laws 741,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.5 - Acquisition of undocumented property

(a)
Property in the possession of a museum or archives repository which the museum or archives repository has reason to believe may be on loan and for which the museum or archives repository does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives repository if no person has claimed the property within seven years after the museum or archives repository or a predecessor or assignor of such museum or archives repository took possession of the property. The museum or archives repository becomes the owner of the property on the day after the seven-year period ends and after following the notification process outlined in subsection (b) of this Code section free from all claims.
(b)
The museum or archives repository that wishes to acquire title to undocumented property described in subsection (a) of this Code section shall provide public notice in the manner described in Code Section
10-1-529.4
.
(c)
On or after July 1, 2006, property that:
(1)
Is found in or on property controlled by the museum;
(2)
Is from an unknown source; and
(3)
Might reasonably be assumed to have been intended as a gift to the museum
is conclusively presumed to be a gift to the museum if ownership of the property is not claimed by a person within 90 days of its discovery.
Added by 2006 Ga. Laws 741,§ 2, eff. 7/1/2006.