43-44-11. Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.
Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action.
Source: SDC 1939, ยง51.0907.
Structure South Dakota Codified Laws
Chapter 44 - Emblems Of Associations
Section 43-44-2 - Deceptive emblem--Registration forbidden.
Section 43-44-7 - Registration records--Indexing by secretary of state--Contents.
Section 43-44-9 - Persons benefitted by registration of emblem.
Section 43-44-10 - Unauthorized use or wearing of registered emblem--Classification of offense.