Source: Laws of New York, N.Y. General Business Law (GBS), Article 9-B, sections 130 et seq. (incl. 130 filing of certificates by persons conducting business under assumed name or as partners - county clerk filing for individuals/GPs, Department of State for corporations/LPs/LLCs; 131 ownership of merchandise establishments; 132 fictitious copartnership names; 133 use of name or address with intent to deceive). Official NYS Legislature server (public.leginfo.state.ny.us, Legislative Bill Drafting Commission). Retrieved 2026-08-01. Extracted from the full-GBS single-page render (lawssrch.cgi?NVLWO: QLAWDATA=**GBS), Article 9-B body only (source lines 5651-6326, ending before ARTICLE 10).
ARTICLE 9-B
USE OF NAMES AND SYMBOLS
Section 130. Filing of certificates by persons conducting business under
assumed name or as partners.
131. Ownership of merchandise establishments and services to be
publicly revealed and displayed.
132. Fictitious copartnership names.
133. Use of name or address with intent to deceive.
134. Fraudulent use of the name or title of secret fraternity.
135. Unlawful use of name of benevolent, humane or charitable
corporation.
136. Exhibition or display of the flag.
137. Unauthorized wearing or use of badge, name or insignia of
certain orders and societies.
138. Use of certain governmental, military or naval names.
140. Wearing industry badges, or other insignia of
identification by unauthorized persons.
141. Unlawful use of the name United Nations.
142. Unlawful possession or use of an identification card issued
by United Nations.
143. False identification documents.
§ 130. Filing of certificates by persons conducting business under
assumed name or as partners. 1. No person shall hereafter (i) carry on
or conduct or transact business in this state under any name or
designation other than his or its real name, or (ii) carry on or conduct
or transact business in this state as a member of a partnership, unless:
(a) Such person, if other than a corporation, limited partnership or
limited liability company, shall file in the office of the clerk of each
county in which such business is conducted or transacted a certificate
setting forth the name or designation under which and the address within
the county at which such business is conducted or transacted, the full
name or names of the person or persons conducting or transacting the
same, including the names of all partners, with the residence address of
each such person, and the age of any person less than eighteen years of
age. Each certificate shall be executed and duly acknowledged by the
person or, if there be more than one, by all of the persons conducting
the business.
(b) Such person, if a corporation, limited partnership or limited
liability company, shall file, together with the fees as set forth in
subdivision five of this section, in the office of the secretary of
state a certificate setting forth the name or designation under which
business is carried on or conducted or transacted, its corporate,
limited partnership or limited liability company name, the location
including number and street, if any, of its principal place of business
in the state, the name of each county in which it does business or
intends to do business, and the location including number and street, if
any, of each place where it carries on or conducts or transacts business
in this state. Each certificate shall be executed by an officer of the
corporation, a general partner of the limited partnership, a member or
manager of a limited liability company, or an attorney-in-fact or
authorized person for such corporation, limited partnership, or limited
liability company, as the case may be. A corporation which carries on or
conducts or transacts business in this state as a member of a
partnership or limited liability company shall not be required solely by
reason thereof to file the certificate required by this paragraph if the
partners shall have filed the certificate required by paragraph (a) of
this subdivision.
1-a. As used in this section, unless the context otherwise requires:
(a) "Person" shall mean an individual, partnership, limited
partnership, corporation, limited liability company and unincorporated
association;
(b) The "real name" of a corporation shall mean its corporate name as
set forth in its certificate of incorporation; the "real name" of a
limited partnership shall mean its name as set forth in its certificate
of limited partnership; the "real name" of a limited liability company
shall mean its name as set forth in its articles of organization and any
generally accepted, understood or recognizable abbreviations of such
names.
(c) The use by a corporation, limited partnership or limited liability
company of a divisional, departmental or trade name or designation, in
conjunction with the real name of the corporation, limited partnership
or limited liability company, shall be deemed to be the use of the real
name of the corporation, limited partnership or limited liability
company, for purposes of this section.
2. (a) No individual, partnership, or unincorporated association shall
hereafter use or file a certificate for the use of any name or
designation to carry on or conduct or transact business in this state
which consists of or includes words, or initials and a word or words,
which are or appear to be the full name or names, or the initial or
initials and family name of a person or persons, or a colorable
simulation thereof, unless:
(1) the words or initials and word or words appearing to be the full
name or initials and family name of a person included, are the true full
name or the initials and family name of the person or one of the persons
conducting the business; or
(2) the words or initials and words so included, which are or appear
to be the full name, or the initials and family name, of any person,
have a secondary, historic or geographic meaning or connotation apart
from that of a name of a person, and the name or designation so used
contains a word or words clearly signifying such secondary, historic or
geographic meaning or connotation, or is followed by the abbreviation
"a.n.", and said secondary, historic or geographic meaning or
connotation is stated in the certificate; or
(3) the person or persons conducting the business are successors in
interest to the person or persons theretofore using such name or names
to carry on or conduct or transact business, in which case the
certificate filed shall so state.
(b) Paragraph (a) of this subdivision shall not apply to corporations,
limited partnerships, or limited liability companies.
(c) No corporation, limited partnership or limited liability company
shall use or file a certificate for the use of any name or designation
to carry on or conduct or transact business in this state which consists
of or includes a word or words the use of which is prohibited or
restricted by subparagraphs three through eleven of paragraph (a) of
section three hundred one of the business corporation law or
subparagraphs three through nine of paragraph (a) of section three
hundred one and paragraph (w) of section four hundred four of the
not-for-profit corporation law, or paragraph three of subdivision (a) of
section 121-102 of the partnership law, or subdivisions (d) through (i)
of section two hundred four of the limited liability company law,
respectively, without having obtained any necessary consents or
approvals which would permit the use of the word or words pursuant to
such laws.
3. Whenever a certificate which has been filed under this section does
not accurately set forth the facts required by this section, or within
thirty days after there has been a change in such facts, an amended
certificate shall be filed which shall identify the original certificate
and incorporate the corrections or changes. If such amended certificate
is filed for the purpose of adding or withdrawing the name of any person
to the original certificate as a person conducting a business or as a
partner, such amended certificate must be executed by such person and by
any one or more of the other persons named in the original or last
amended certificate, unless otherwise provided by an order of the
supreme court. Any other amended certificate may be executed by any one
or more of the persons named therein as a person conducting the business
or as a partner or, in the case of a corporation, by an officer of the
corporation, in the case of a limited partnership, by a general partner
of the limited partnership, or in the case of a limited liability
company, by a member or manager of the limited liability company, or by
an attorney-in-fact or authorized person for such corporation, limited
partnership, or limited liability company, as the case may be.
4. A certified copy of the original certificate, or if an amended
certificate has been filed, then of the most recent amended certificate
filed shall be conspicuously displayed on the premises at each place in
which the business for which the same was filed is conducted.
5. (a) (1) The several county clerks of this state shall keep an
alphabetical index of all certificates, provided for herein, together
with appropriate notations of the nature of amended certificates and
certificates of discontinuance, and for the indexing and filing of such
certificates, they shall receive a fee as specified in paragraph two of
subdivision (b) of section eight thousand twenty-one of the civil
practice law and rules.
(2) A county clerk may adopt a new indexing system utilizing
electro-mechanical, electronic or any other method he deems suitable for
maintaining the indexes.
(b) (1) The secretary of state shall keep an alphabetical index of all
certificates filed pursuant to paragraph (b) of subdivision one of this
section, together with appropriate notations of the nature of amended
certificates and certificates of discontinuance; and for the indexing
and filing of such certificates, the secretary of state shall receive a
fee of twenty-five dollars ($25.00).
(2) The secretary of state shall also collect from each corporation
filing an assumed name certificate the fee or fees, as specified in
paragraph two of subdivision (b) of section eight thousand twenty-one of
the civil practice law and rules, for each county in which the
corporation does business or transacts business or intends to do or
transact business, as indicated in the certificate. Any fee or fees
collected by the secretary of state for filing a certificate or
certificates with a county clerk shall be transmitted to such county
clerk together with a copy of such certificate or certificates, for
indexing and filing as provided above, within ten (10) business days of
the last day of the month in which such fees and certificates were
received by the secretary of state. The secretary of state shall also
transmit to the appropriate county clerk or clerks within such ten-day
period a copy of any amended certificates or certificates of
discontinuance received by the secretary of state for filing in such
counties.
6. A copy of a certificate filed under the provisions of this section,
duly certified to by the county clerk or secretary of state in whose
office the certificate is filed, shall be presumptive evidence in all
courts of this state of the facts therein contained; provided, however,
that neither the certificate itself nor the filing thereof shall, for
any purpose other than this section, constitute or be construed as an
admission by the filing person, or be used as evidence, that such person
does or has done business or has carried on, conducted or transacted
business in this state or any county therein, or intended to do so.
7. Subdivision one of this section shall not apply to a person who, or
a partnership which, has duly filed a certificate of continued use of
firm name under article seven of the partnership law, or to a private
banker duly authorized by the superintendent of financial services to
engage in business pursuant to the provisions of the banking law or to a
partnership of attorneys and counsellors-at-law engaged in the practice
of their profession, and subdivision three of this section shall not
apply to such a person or partnership who has filed a certificate of
discontinuance under subdivision ten of this section.
8. The failure to comply with the provisions of this section shall in
no way affect the rights of third persons, nor shall this section be
deemed or construed to limit the liability of partners under the
provisions of the partnership law.
8-a. The acceptance of a certificate by the county clerk or the
secretary of state for filing pursuant to the provisions of this section
shall not be construed to confer any right to or interest in any trade
name; nor shall any of the provisions of this section be construed to
affect the rights to, or the enforcement of any rights to, any trade
name acquired at any time under the common law of this state.
9. Any person or persons carrying on, conducting or transacting
business as aforesaid, who knowingly fails to comply with the provisions
of this section or who knowingly makes a false statement in a
certificate filed thereunder shall be guilty of a misdemeanor. Any
person or persons carrying on, conducting or transacting business as
aforesaid who fails to comply with the provisions of this section shall
be prohibited from maintaining any action or proceeding in any court in
this state on any contract, account or transaction made in a name other
than its real name until the certificate required by this section has
been executed and filed in accordance with the provisions set forth
herein.
10. If the business for which a certificate is filed under this
section is discontinued, or the conditions under which it is conducted
are such that the filing of a certificate in such county or with the
secretary of state is no longer required, a certificate of
discontinuance may be filed with the county clerk with whom the original
certificate was filed or, if a corporation, limited partnership, or
limited liability company, with the secretary of state, identifying such
certificate and also identifying the amended certificate, if any, last
previously filed and certifying the facts by reason of which the filing
of a certificate is no longer required. The certificate of
discontinuance shall be executed in the same manner as an original
certificate and shall specify the date on which the discontinuance
occurred or the conditions under which the business is conducted changed
so that the filing of a certificate is no longer required. The county
clerk or, if a corporation, limited partnership, or limited liability
company, the secretary of state shall note the discontinuance in the
index. A certificate of discontinuance shall be executed by a majority
of the persons named in the original certificate or the amended
certificate last previously filed as persons conducting or transacting
the business or as partners or, in the case of a corporation, by an
officer of the corporation, in the case of a limited partnership, by a
general partner of the limited partnership, or in the case of a limited
liability company, by a member or manager of the limited liability
company, or by an attorney-in-fact or authorized person for such
corporation, limited partnership, or limited liability company, as the
case may be, provided that if any of them shall be deceased the
certificate shall so state and may be executed by a majority of the
survivors, or by the executor or administrator of a deceased person
named in the original certificate or last previously filed amended
certificate as the only person conducting or transacting the business,
and provided further that any such signatures may be dispensed with by
order of the supreme court.
11. Notwithstanding any other provision of this section, an education
corporation may not file a certificate under this section with the
secretary of state, unless the consent of the board of regents is
endorsed on or annexed thereto. Nothing in this subdivision shall
invalidate a certificate lawfully filed by an education corporation
pursuant to this section prior to the effective date of this
subdivision.
§ 131. Ownership of merchandise establishments and services to be
publicly revealed and displayed. Every person, partnership, association
or corporation owning or conducting any shop, store or other
establishment or service wherein the sale of merchandise at retail or
wholesale is carried on or transacted or a service is performed as a
business shall cause the true, full name, including the full first name
or legally registered trade name or names of the proprietor or owner or
proprietors or owners of such shop, store or other establishment or
service to be publicly revealed and prominently and legibly displayed in
the English language either upon a window of such shop, store or other
establishment or place where a service is performed or upon a sign
conspicuously placed upon the exterior of the building containing the
same. The foregoing provisions shall not apply to a person, partnership,
association or corporation operating under a lease, a department in a
shop, store or other establishment or service as aforesaid where the
lessor of such shop, store or other establishment or service is liable
to customers for merchandise sold by and the operations of such leased
department. Failure to comply with the provisions of this section shall
constitute a misdemeanor.
§ 132. Fictitious copartnership names. 1. A person who transacts
business, using the name, as a partner, of one not interested with him
as a partner, or using the designation "and company," or "& Co." when no
actual partner is represented thereby is guilty of a misdemeanor. This
section shall not apply to any case, where it is specially prescribed by
statute that a partnership name may be continued in use by a successor,
survivor, or other person.
2. Provided, however, that nothing in this section shall be construed
to prohibit the use of the designation "and associates" or "&
associates" by a professional or professionals who actually practice
such profession with or employ one or more other professionals engaged
in such profession.
§ 133. Use of name or address with intent to deceive. No person, firm
or corporation shall, with intent to deceive or mislead the public,
assume, adopt or use as, or as part of, a corporate, assumed or trade
name, for advertising purposes or for the purposes of trade, or for any
other purpose, any name, designation or style, or any symbol or
simulation thereof, or a part of any name, designation or style, or any
symbol or simulation thereof, which may deceive or mislead the public as
to the identity of such person, firm or corporation or as to the
connection of such person, firm or corporation with any other person,
firm or corporation; nor shall any person, firm or corporation, with
like intent, adopt or use as, or as part of, a corporate, assumed or
trade name, for advertising purposes, or for the purposes of trade, or
for any other purpose, any address or designation of location in the
community which may deceive or mislead the public as to the true address
or location of such person, firm or corporation. A violation of this
section shall be a misdemeanor. Whenever there shall be an actual or
threatened violation of this section, an application may be made to a
court or justice having jurisdiction to issue an injunction, upon notice
to the defendant of not less than five days, to enjoin and restrain such
actual or threatened violation; and if it shall appear to the
satisfaction of the court or justice that the defendant is in fact
assuming, adopting or using such name, or is about to assume, adopt or
use such name, and that the assumption, adoption or use of such name may
deceive or mislead the public, an injunction may be issued by said court
or justice, enjoining and restraining such actual or threatened
violation without requiring proof that any person has in fact been
deceived or misled thereby.
§ 134. Fraudulent use of the name or title of secret fraternity. Any
person, firm, association, society, order or organization, or any
officer, agent, representative or employee thereof, or person acting or
pretending to act on behalf thereof who in a newspaper or other
publication published in this state, or in any letter, writing,
circular, paper, pamphlet or other written or printed notice, matter or
device without authority of the grand lodge hereinafter mentioned
fraudulently uses, or in any manner directly or indirectly aids in the
use of the name or title of any secret fraternal association, society,
order or organization which has had a grand lodge in this state for ten
years, or any imitation of such name or title or any name or title so
nearly resembling it as to be calculated to deceive, or who without
authority publishes, sells, lends, gives away, circulates or distributes
any letter, writing, circular, paper, pamphlet or other written or
printed notice, matter or device directly or indirectly advertising for
or soliciting members or applications for membership in such secret
fraternal association, society, order or organization, or in any alleged
or pretended association, society, order or organization, using or
designated or claimed to be known by such title or imitation or
resemblance thereof or who therein or thereby offers to sell, or to
confer or to communicate or to give information directly or indirectly
where, how, of whom, or by what means any alleged or pretended degree or
any alleged or pretended secret work or any alleged or pretended secrets
of such secret fraternal association, society, order or organization or
any alleged or pretended association, society, order or organization
designated or claimed to be known by such title or imitation or
resemblance thereof can or may be obtained, conferred or communicated,
is guilty of a misdemeanor.
§ 135. Unlawful use of name of benevolent, humane or charitable
corporation. No person, society or corporation shall, with intent to
acquire or obtain for personal or business purposes a benefit or
advantage, assume, adopt or use the name of a benevolent, humane or
charitable organization incorporated under the laws of this state, or a
name so nearly resembling it as to be calculated to deceive the public
with respect to any such corporation. A violation of this section shall
be a misdemeanor. Whenever there shall be an actual or threatened
violation of this section, an application may be made to a court or
justice having jurisdiction to issue an injunction, upon notice to the
defendant of not less than five days, for an injunction to enjoin and
restrain said actual or threatened violation; and if it shall appear to
the satisfaction of the court or justice that the defendant is in fact
using the name of a benevolent, humane or charitable organization,
incorporated as aforesaid, or a name so nearly resembling it as to be
circulated to deceive the public, an injunction may be issued by said
court or justice, enjoining and restraining such actual or threatened
violation, without requiring proof that any person has in fact been
misled or deceived thereby.
§ 136. Exhibition or display of the flag. Any person who: a. In any
manner, for exhibition or display, shall place or cause to be placed,
any word, figure, mark, picture, design, drawing, or any advertisement,
of any nature upon any flag, standard, color, shield or ensign of the
United States of America, or the state of New York, or shall expose or
cause to be exposed to public view any such flag, standard, color,
shield or ensign, upon which after the first day of September, nineteen
hundred and five, shall have been printed, painted or otherwise placed,
or to which shall be attached, appended, affixed or annexed, any word,
figure, mark, picture, design, or drawing, or any advertisement of any
nature, or
b. Shall expose to public view, manufacture, sell, expose for sale,
give away, or have in possession for sale, or to give away, or for use
for any purpose, any article, or substance, being an article of
merchandise, or a receptacle of merchandise or article or thing for
carrying or transporting merchandise, upon which after the first day of
September, nineteen hundred five, shall have been printed, painted,
attached, or otherwise placed, a representation of any such flag,
standard, color, shield or ensign, to advertise, call attention to,
decorate, mark, or distinguish, the article or substance on which so
placed, or
c. Shall print, engrave, or otherwise place or cause to be printed,
engraved or otherwise placed on any blank check, bill head, letter head,
envelope or other business stationery, a representation of any such
flag, standard, color, shield or ensign, or shall use any such blank
check, bill head, letter head, envelope or other stationery for business
purposes or correspondence, or
d. Shall publicly mutilate, deface, defile, or defy, trample upon, or
cast contempt upon either by words or act, or
e. Shall raffle or place in pawn any such flag, standard, color,
shield or ensign, or
f. Shall publicly carry or display any emblem, placard or flag which
casts contempt, either by word or act, upon the flag of the United
States of America, or
g. Shall publicly use or cause any such flag, standard, color, shield
or ensign, to be publicly used as a receptacle for the placing,
depositing or collecting of money or any other article or thing, shall
be guilty of a misdemeanor.
The words flag, standard, color, shield or ensign, as used in this
section, shall include any flag, standard, color, shield or ensign, or
any picture or representation, of either thereof, made of any substance,
or represented on any substance, and of any size, evidently purporting
to be, either of, said flag, standard, color, shield or ensign, of the
United States of America, or of the state of New York, or a picture or a
representation, of either thereof, upon which shall be shown the colors,
the stars, and the stripes, in any number of either thereof, or by which
the person seeing the same, without deliberation may believe the same to
represent the flag, colors, standard, shield or ensign of the United
States of America or of the state of New York.
This section shall not apply to any act expressly permitted by the
statutes of the United States of America, or by the United States army
and navy regulations, nor shall it be construed to apply to a
certificate, diploma, warrant, or commission of appointment to office,
ornamental picture, article of jewelry, stationery for use in private
correspondence, or newspaper or periodical, on any of which shall be
printed, painted or placed, said flag, standard, color, shield or ensign
disconnected and apart from any advertisement.
The possession by any person, other than a public officer, as such, of
any such flag, standard, color, shield or ensign, on which shall be
anything made unlawful at any time by this section, or of any article or
substance or thing on which shall be anything made unlawful at any time
by this section shall be presumptive evidence that the same is in
violation of this section, and was made, done or created after the first
day of September, nineteen hundred five, and that such flag, standard,
color, shield or ensign, or article, substance, or thing, did not exist
on the first day of September, nineteen hundred and five.
§ 137. Unauthorized wearing or use of badge, name or insignia of
certain orders and societies. 1. Any person who wilfully wears, or
attaches to any motor vehicle, the badge, insignia, rosette or the
button of the Grand Army of the Republic, the insignia, badge or rosette
of the Military Order of the Loyal Legion of the United States or
Military Order of Foreign Wars of the United States, or the badge or
button of the United Spanish War Veterans, the Veterans of Foreign Wars
of the United States, the American Legion, the Disabled American
Veterans, the Military Order of the World War, the Army and Navy Union,
U.S.A., or the Order of Patrons of Husbandry, or the Benevolent and
Protective Order of Elks of the United States of America, or the Steuben
Society of America, or the Jewish War Veterans of the United States,
Inc., or the Catholic War Veterans, Inc., or the insignia or emblem of
the Italian American War Veterans of the United States, Incorporated, or
the insignia or emblem of the National Italo-American War Veterans,
Inc., the insignia or emblem of the Polish Legion of American Veterans,
Inc., or the insignia or emblem of the Military Order of the Purple
Heart, Inc., or the insignia or emblem of any lodge, society or
organization subordinate to or recognized as Masonic by the Grand Lodge
of Free and Accepted Masons of the State of New York, or the insignia or
emblem of the Masonic War Veterans of the State of New York, Inc., or
the insignia or emblem of the Order of the Eastern Star of the State of
New York, or the badge, banner, insignia, button or emblem of any lodge,
society or organization subordinate to or recognized as Pythian by the
Grand Lodge, Knights of Pythias of the State of New York, or the badge,
insignia, button, tab, or chapeaux of La Societe des Forty Hommes et
eight Chevaux or the Marine Corps League, or AMVETS, American Veterans
of World War II, Air Force Association, or the insignia or emblem of the
Knights of Columbus, or the badge, shield, emblem or name of the Police
Conference of New York, Inc., or the badge, shield, emblem or name of
the New York State Association of Chiefs of Police, or the shield of the
Westchester County Police Conference or the badge, shield, emblem or
name of the New York State Fire Fighters Association, or the badge,
shield, emblem or name of the Policemen's Benevolent Association of
Westchester County, Inc., or the badge, shield, emblem or name of the
Metropolitan Police Conference of Eastern New York, Inc., or the badge,
shield, emblem or name of the Nassau Police Conference, Inc., or the
badge, shield, emblem or name of the International Veterans Boxers
Association, or the badge, shield, emblem, insignia or name of the Grand
council of Guardians, Inc., or the badge, shield, emblem or name of the
New York Veteran Police Association, or the insignia, emblem, badge,
banner, button of Grand Lodge of the State of New York, Order Sons of
Italy in America, Incorporated, or any subordinate Lodge or Grand Lodge
of the State of New York, Order Sons of Italy in America, Incorporated,
or the insignia, emblem, badge, banner, button of Ladies' Lodges, Grand
Lodge of the State of New York, Order Sons of Italy in America,
Incorporated, or the badge, banner, insignia, button or emblem of any
clan of the United Scottish Clans of New York and New Jersey, or the
insignia, emblem, badge, banner or button of The Ladies Auxiliary,
Italian American War Veterans of the United States, Incorporated, or the
Civil Air Patrol, Inc., or the insignia, emblem, badge, banner or button
of the Order of the American Hellenic Educational Progressive
Association, Incorporated, or the insignia, emblem, badge, banner or
button of the Polish Legion of American Veterans or Ladies Auxiliary of
Polish Legion of American Veterans, or the insignia, emblem, badge,
banner, or button of the Veterans of World War I of the United States of
America Department of New York, Inc., China-Burma-India Veterans
Association, Inc., Polish - American Veterans of World War II,
Amsterdam, N. Y., Inc., Polish-American Veterans of World War II,
Schenectady, N. Y., Inc., World War Veterans Club of Lindenhurst, Inc.,
the Eastern Paralyzed Veterans Association, the Vietnam Veterans of
America, the Army and Navy Union of the United States, the American Gold
Star Mothers, Inc., Regular Veterans Association, Inc., the 369th
Veterans Association, Inc., the Tri-County Council of Vietnam Veterans,
the National Congress of Puerto Rican Veterans, or the Fleet Reserve
Association, or the badge, insignia, rosette or button of any society,
order or organization of ten years standing in the state of New York, or
uses the same, or the name of any such society, order or organization by
falsely representing himself to be a member thereof in good standing, to
obtain, or in attempting to obtain, aid or assistance within the state,
or wilfully uses the names of any such society, order or organization,
or the titles of its officers, or uses its insignia or emblems, or the
forms or designs thereof, or its ritual or ceremonies unless entitled to
use or wear the same under the constitution and by-laws, rules, and
regulations of such order or of such society, order or organization, is
guilty of a violation punishable by a fine not to exceed one hundred
dollars.
2. Nothing herein contained shall be construed as superseding any
provision of law prohibiting certain use and display on private vehicles
of state and other seals and insignia and of specified signs, lettering
or devices.
§ 138. Use of certain governmental, military or naval names. 1. It
shall be unlawful and is prohibited for any person, firm, corporation or
association, not an agency or instrumentality of the United States
government, selling or offering for sale goods, wares or merchandise, to
use or cause or permit to be used in the corporate or trade name or
description of the seller or of the place where the goods, wares or
merchandise are offered for sale, any of the following words or
expressions, viz., "army," "navy," "marine corps," "marines," "coast
guard," "government," "post exchange," "P. X.," or "G. I.," unless there
is displayed in conjunction therewith, in letters of at least the same
size as such words or expressions, the words, "we sell articles acquired
from the United States government only," or "we sell both articles
acquired from the United States government and non-government articles,"
as the case may be.
2. No person, firm, corporation or association selling or offering for
sale any article of merchandise, shall in any manner represent, contrary
to fact, that the article was made for, or acquired directly or
indirectly from, the United States government or its military or naval
forces or any agency of the United States government, or that the
article conforms to government specifications or requirements, or that
it has been disposed of by the United States government.
§ 140. Wearing industry badges, or other insignia of identification by
unauthorized persons. An employer of labor may adopt a badge, or other
insignia of identification, to be worn or displayed by the employees for
the purpose of identification while upon the premises of the employer
and may post a notice of the adoption of such badge, or insignia, near
the main entrance of such premises. Such employer may deposit with the
department of labor a replica of such badge or insignia, and such
department shall, if such badge or insignia be distinctive, issue to
such employer a certificate authorizing the use thereof for the purposes
of this section. Any person who, after the approval and adoption of such
badge, or insignia, without authority or permission of the employer
adopting the same, wilfully wears such badge or displays such insignia,
or any facsimile or any imitation thereof, or uses the same to obtain
admittance to or remain upon the premises of the employer, is guilty of
a misdemeanor.
§ 141. Unlawful use of the name United Nations. No person, firm or
corporation shall, without express authority from the secretary general
of the United Nations, assume, adopt or use as, or as a part of a
corporate, assumed or trade name, for advertising purposes, or for the
purposes of trade, or for any other purpose, the name United Nations, or
abbreviation thereof; or any official emblem or other official insignia
thereof; nor shall any person, firm or corporation, with intent to
deceive or mislead the public, for any of such purposes, assume, adopt
or use any name, designation or style, or simulation thereof, or
designation or style, or simulation thereof, which may deceive or
mislead the public as to the true identity of such person, firm or
corporation or as to the official connection of such person, firm or
corporation with the United Nations. A violation of this section shall
be a misdemeanor. Whenever there shall be an actual or threatened
violation of this section, an application may be made to a court or
justice having jurisdiction to issue an injunction, upon notice to the
defendant of not less than five days, to enjoin and restrain such actual
or threatened violation; and if it shall appear to the satisfaction of
the court or justice that the defendant is in fact, assuming, adopting
or using such name, or is about to assume, adopt or use such name, and
that the assumption, adoption or use of such name was not expressly
authorized by the secretary general of the United Nations, and may
deceive or mislead the public, an injunction may be issued by such court
or justice, enjoining and restraining such actual or threatened
violation without requiring proof that any person has in fact been
deceived or mislead thereby. This section shall not prevent the
continued use of a corporate name or trade name heretofore lawfully
used.
§ 142. Unlawful possession or use of an identification card issued by
United Nations. It shall be unlawful for any person to possess or use an
identification card issued to another person by the United Nations. Any
person finding or otherwise coming into possession of the identification
card of another person shall forthwith surrender the same to the
official in command at the headquarters of the United Nations or to any
police officer or peace officer of the state. Any person who wilfully
violates any provisions of this section shall be guilty of a misdemeanor
punishable upon conviction by a fine of not more than fifty dollars or
by imprisonment of not more than ten days, or both.
§ 143. False identification documents. 1. As used in this section,
"false identification document" means any document, including a personal
identification card, which is of a type intended or commonly used or
accepted for the purpose of identification of individuals and which is
not issued by or under the lawful authority of the named or indicated
issuer. "False identification document" shall also include a personal
identification document intended or commonly used or accepted for the
purpose of identification which resembles or is intended to resemble one
issued by the named or indicated issuer even though that issuer may be
fictitious.
2. No person, firm or corporation shall produce, advertise, offer for
sale, sell, distribute or otherwise transfer in this state any false
personal identification document unless such document bears the word
"NOVELTY" diagonally printed clearly and indelibly on both the front and
back of such document in capital letters in not less than twelve point
type.
3. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York or by the corporation counsel for any city or by an
attorney properly designated by the governing body to represent any
other political subdivision, to a court or justice having jurisdiction
by a special proceeding to issue an injunction, and upon notice to the
respondent of not less than five days, to enjoin and restrain the
continuance of such violations; and if it shall appear to the
satisfaction of the court or justice that the respondent has, in fact,
violated this section, an injunction may be issued by such court or
justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. Whenever the court shall determine that a violation of this
section has occurred, the court may impose a civil penalty of not more
than five hundred dollars for each violation. In connection with any
such proposed application, the attorney general, corporation counsel or
other properly designated attorney, as the case may be, is authorized to
take proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules. Each sale
of a false identification document shall constitute a separate and
distinct violation.
ARTICLE 9-C
CYBER PIRACY PROTECTIONS; DOMAIN NAMES
Section 146. Short title.
147. Definitions.
148. Unlawful registration of domain name.
149. Civil remedies.
§ 146. Short title. This article shall be known and may be cited as
the "domain names cyber piracy protections act".
§ 147. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "Domain name" means any alphanumeric designation that is registered
with or assigned by any domain name registrar, domain name registry, or
other domain name registration authority as part of an electronic
address on the internet.
2. "Internet" means the international computer network of both federal
and non-federal interoperable packet switched data networks.
3. "Traffic in" refers to transactions that include, but are not
limited to, sales, purchases, loans, pledges, licenses, exchanges of
currency, or any other transfer for consideration or receipt in exchange
for consideration.
§ 148. Unlawful registration of domain name. 1. No person or entity
shall register a domain name that consists of the name of another living
person, or a name substantially and confusingly similar thereto, without
that person's or entity's consent, with the specific intent to profit
from such name by selling the domain name for financial gain to that
person or any third party.
2. A person or entity shall be only liable for a violation of
subdivision one of this section if such person or entity is the domain
name registrant or such registrant's authorized licensee.
3. A person or entity who in good faith registers a domain name
consisting of the name of another living person, or a name substantially
and confusingly similar thereto, shall not be liable under this section
if such name is used in, affiliated with, or related to a work of
authorship protected under title 17 USC, including a work made for hire
as defined in 17 USC 101, and if the person or entity registering the
domain name is the copyright owner or licensee of the work, the person
or entity intends to sell the domain name in conjunction with the lawful
exploitation of the work, and such registration is not prohibited by a
contract between the registrant and the named person.
§ 149. Civil remedies. 1. Upon the commission of a violation of this
article, an application may be made by the attorney general to a court
having jurisdiction to issue an injunction against the person or entity
that registered the domain name in violation of this article, and upon
notice to the respondent of not less than five days, the court may award
injunctive relief, including the forfeiture or cancellation of the
domain name. Upon receipt of a court order for injunctive relief, the
registrar, domain name registry or other domain name registration
authority with which the person or entity has registered the domain name
with, shall comply with such order's requirements. If it shall appear to
the satisfaction of the court that the person or entity who registered
the domain name with the registrar, domain name registry or other domain
name registration authority, has committed a violation of this article,
the court shall enjoin and restrain such person or entity from any
further violation without requiring proof that any person has, in fact,
been injured or damaged thereby.
2. In addition to injunctive relief, the court may fine the person or
entity that registered a domain name in violation of this article, one
thousand dollars for each day the violation occurs. The court may also
order the transfer of the domain name as part of the relief awarded.
3. The registrar, domain name registry or other domain name
registration authority shall not be liable for injunctive or monetary
relief under this section except in the case of bad faith or reckless
disregard, which includes a willful failure to comply with any court
order.
4. In a civil action commenced under this section, a domain name shall
be deemed to have its situs within the state if the domain name
registrar, registry, or other domain name authority that registered or
assigned the domain name is located within the state.