135 - Unlawful use of name of benevolent, humane or charitable corporation.

§  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.