The Commissioner of Agriculture is authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions. The Commissioner is authorized to impose and collect a royalty or license fee for the use of such trademark on products containing Vidalia onions or the packaging containing such onion products. Funds derived from such royalties and license fees shall be retained by the Commissioner and shall be used to promote Vidalia onions and to pay costs associated with monitoring the use of such trademark, prohibiting the unlawful or unauthorized use of the trademark, and enforcing rights in the trademark.
(Code 1981, §2-14-132.1, enacted by Ga. L. 2000, p. 1301, § 1; Ga. L. 2012, p. 731, § 1/HB 832.)
Law reviews.- For note on the 2000 enactment of this Code section, see 17 Ga. St. U. L. Rev. 1 (2000).
JUDICIAL DECISIONS
Mandamus to require enforcement not appropriate.
- Growers were not entitled to mandamus relief to force the Georgia Department of Agriculture and Georgia Commissioner of Agriculture to enforce regulations allegedly prohibiting certain labels that were being used; mandamus could not be used to direct the way in which the Commissioner exercised the Commissioner's discretion under O.C.G.A. § 2-14-132.1 to protect trademark use or the Commissioner's discretion under O.C.G.A. § 2-14-135(a), (b) to civilly enforce regulations promulgated under O.C.G.A. § 2-14-133(a) to promulgate regulations regarding labeling and marketing practices. Bland Farms, LLC v. Ga. Dep't of Agric., 281 Ga. 192, 637 S.E.2d 37 (2006).