§281.2.  Assumed name restrictions

A.  In addition to any other requirements of law for the registration and filing of a certificate of an assumed business name, no person shall transact any business under an assumed name which contains the name of any public park, playground, or other public facility without the written consent of the governing authority of the governmental entity which owns or operates the public park, playground, or public facility.  If use of the name of a public park, playground, or other public facility is consented to by the governmental entity, such written consent shall be in the form of a contract for a fixed term, not to exceed ten years.  Such contract may be renewed; however, no renewal shall exceed a term of ten years.  At the expiration of such contract, the person, corporation, or organization shall have one hundred eighty days within which to either amend the assumed business name or obtain another renewal of the contract authorizing the continued use of the name.

B.  In addition to the remedies otherwise provided by law, any governmental entity may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violation hereof.  Upon finding that a person, corporation, or organization has knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation, and may order the destruction of all items bearing the name, symbol, or other descriptive inscription in violation of this Section.

Acts 1997, No. 819, §2, eff. July 10, 1997.