§ 209-c. Registration of identical, similar or misleading names prohibited. The secretary of state shall not record, register or file any name or designation identical with or similar to any other name or designation filed or registered as herein provided as would be calculated to deceive or mislead the public, unless such prior registration shall have been revoked as herein provided. The supreme court may, in an action brought for that purpose by any person or corporation aggrieved thereby against any other person or corporation who or which has already filed or registered any such name or designation, direct the revocation of any such registration where it shall be determined that the person who has already registered the same has not the right to use such name or designation because of the prior use thereof by another. No person other than the proprietor of such name or designation, which has been filed in the office of the secretary of state and in the office of the county clerk, as aforesaid, shall, without the written consent of such proprietor, in any manner whatsoever, either directly or indirectly, use such name or designation, or any other name or designation for the name of an hotel or motel in the state of New York which may be so similar as to deceive or mislead the public. Any person or corporation may assign to any other person or corporation all right, title and interest in, to and under the aforesaid certificate of the secretary of state. Nonuse of the name or designation described in any certificate of the secretary of state for the period of one year shall operate as an abandonment of the right to use such name or designation thereafter.
