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.
(Ga. L. 1952, p. 134, § 15; Ga. L. 1963, p. 463, § 10.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 74 Am. Jur. 2d, Trademarks and Tradenames, § 64.
C.J.S.- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 368.
ALR.
- Doctrine of secondary meaning in the law of trademarks and of unfair competition, 150 A.L.R. 1067.
Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.
Reverse confusion doctrine under state trademark law, 114 A.L.R.5th 129.
Award of Damages or Profits Under § 35(a) of Lanham Act (15 U.S.C.A. § 1117(a)) for False Designation of Origin and False Descriptions (15 U.S.C.A. § 1125(a)), 31 A.L.R. Fed. 3d 13.