[Rev. 11/21/2013 12:32:21 PM--2013]

CHAPTER 601 - INSIGNIA AND NAMES OF ORGANIZATIONS

FRAUDULENT USE AND ILLEGAL EXHIBITION OF NAMES AND INSIGNIA

NRS 601.010           Use of name of incorporated association or society.

NRS 601.020           Illegal exhibition and use of names and insignia.

NRS 601.030           Injunctive relief for illegal exhibition and use of names and insignia.

NRS 601.040           Penalty.

REGISTRATION AND PROTECTION OF NAMES AND INSIGNIA

NRS 601.050           Registration, alteration, assignment or cancellation of names and insignia with Secretary of State; applicability of section.

NRS 601.110           Penalty.

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FRAUDULENT USE AND ILLEGAL EXHIBITION OF NAMES AND INSIGNIA

      NRS 601.010  Use of name of incorporated association or society.

      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]

      NRS 601.020  Illegal exhibition and use of names and insignia.

      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]

      NRS 601.030  Injunctive relief for illegal exhibition and use of names and insignia.

      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]

      NRS 601.040  Penalty.  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

      NRS 601.050  Registration, alteration, assignment or cancellation of names and insignia with Secretary of State; applicability of section.

      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)

      NRS 601.110  Penalty.  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 the person 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)