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]