1. No person, society, association or corporation shall assume,
adopt or use the name of a military, ex-military, patriotic, benevolent,
humane, fraternal or charitable organization, incorporated under the laws
of this or any other state or of the United States, or a name so nearly
resembling the name of such incorporated organization as to be a
colorable imitation thereof, or calculated to deceive persons not
members, with respect to such society, association or corporation.
2. In all cases where two or more societies, associations or
corporations claim the right to the same name, or to names substantially
similar, as provided in subsection 1, 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 shall be entitled in this state to
the prior and exclusive use of such name. The rights of such societies,
associations or corporations, and of their individual members, shall be
fixed and determined accordingly.
[1:65:1911; RL § 2502; NCL § 4460]
1. Unless authorized under the laws, statutes, rules, regulations
and bylaws of any military, ex-military, patriotic, benevolent, humane,
fraternal or charitable society, association or corporation incorporated
under the laws of this or any other state or of the United States, no
person shall:
(a) Wear or exhibit the badge, button, emblem, decoration, insigne
or charm of such organization.
(b) Assume or claim to be a member of any such organization.
(c) Assume or use the name of any such organization.
2. Where one military, ex-military, patriotic, benevolent, humane,
fraternal or charitable society, association or corporation is
incorporated subsequent to another society, association or corporation
and assumes, adopts or uses a name so nearly resembling the name of the
society, association or corporation first incorporated as to be a
colorable imitation thereof or calculated to deceive the public, unless
authorized under the laws, statutes, rules, regulations and bylaws of the
prior incorporated society, association or corporation, no person shall:
(a) Wear or exhibit the badge, button, emblem, decoration, insigne
or charm of the organization subsequently incorporated.
(b) Assume or claim to be a member of the organization subsequently
incorporated.
(c) Assume or use the name of the organization subsequently
incorporated.
[2:65:1911; RL § 2503; NCL § 4461]
1. Whenever there shall be an actual or threatened violation of
the provisions of NRS 601.010 and
601.020 , an application may be made to
the court or judge having jurisdiction to issue an injunction to restrain
the actual or threatened violation. Notice of application for an
injunction of not less than 5 days shall be given to the defendant.
2. If it shall appear to the court or judge that the defendant is
in fact using the name of a military, ex-military, patriotic, benevolent,
humane, fraternal or charitable society, association or corporation,
incorporated as provided in NRS 601.010 , or a name so nearly resembling it as to be
calculated to deceive the public, or is wearing or exhibiting the badge,
insigne or emblem of such society, association or corporation without
authority thereof and in violation of the provisions of NRS 601.020
, an injunction may be issued by the
court or judge enjoining or restraining the actual or threatened
violation, without requiring proof that any person has in fact been
misled or deceived thereby.
[3:65:1911; RL § 2504; NCL § 4462]
Any person willfully violating the
provisions of NRS 601.010 and 601.020
shall be guilty of a misdemeanor.
[4:65:1911; RL § 2505; NCL § 4463]—(NRS A 1967, 620)
REGISTRATION AND PROTECTION OF NAMES AND INSIGNIA
1. An association, lodge, order, fraternal society, beneficial
association, or fraternal and beneficial society or association,
historical, military, or veterans’ organization, labor union, labor
organization, foundation, federation, or any other society, organization
or association, degree, branch, subordinate lodge, or auxiliary thereof,
whether incorporated or unincorporated, the principles and activities of
which are not repugnant to the constitution and laws of the United States
or this state, may register, alter, assign or cancel in the Office of the
Secretary of State a facsimile, duplicate or description of its name,
badge, motto, button, decoration, charm, emblem, rosette or other
insigne, as if it were a mark, in the manner provided in NRS 600.240
to 600.400 , inclusive.
2. The provisions of this section for alteration, assignment or
cancellation apply also to any insigne described in subsection 1 which
was registered before October 1, 1997.
[1:24:1933; 1931 NCL § 3299]—(NRS A 1975, 311; 1997, 161)
Any person who willfully wears, exhibits,
displays, prints or uses for any purpose the badge, motto, button,
decoration, charm, emblem, rosette or other insigne of any association or
organization mentioned in NRS 601.050
and duly registered, unless he is entitled to use and wear it under the
constitution, bylaws, rules and regulations of the association or
organization, shall be punished by a fine not exceeding $500.
[6:24:1933; 1931 NCL § 3299.05]—(NRS A 1967, 621; 1997, 161)
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