(1) A person, society, association, or corporation shall not assume, adopt, or use the name of a benevolent, humane, fraternal, or charitable organization, including an educational corporation, incorporated under the laws of this or any other state, or of the United States, or a name so nearly resembling the name of the incorporated organization as to be a colorable imitation of the incorporated organization's name, or calculated to deceive persons not members, with respect to the incorporated organization. If 2 or more societies, associations, or corporations claim the right to the same name, or to names that are substantially similar, the organization that was first organized and used the name, and first became incorporated under the laws of the United States or of any state of the United States, is entitled in this state to the prior and exclusive use of the name, and the rights of the societies, associations, or corporations, and of their individual members, shall be fixed and determined accordingly.

    (2) A person, society, association, or corporation shall not assume, adopt, or use the designation "historically black college or university" unless the person, society, association, or corporation is a part B institution as that term is defined under 20 USC 1061, or an educational corporation that was reopened under section 171 of 1931 PA 327, MCL 450.171.

    

    

     No person shall wear or exhibit the badge, button, emblem, decoration, insignia, or charm, or shall assume or use the name of any benevolent, humane, fraternal, or charitable corporation incorporated under the laws of this or any other state or of the United States or shall assume or claim to be a member thereof, or of a benevolent, humane, fraternal or charitable corporation, the name of which shall so nearly resemble the name of any other corporation existing prior to the organization of the corporation or association of which such person may claim to be a member, the name whereof may be calculated to deceive the people with respect to any such prior corporation, unless he shall be authorized under the law, statutes, rules, regulations and by-laws of such former corporation, to wear such badge, button, emblem, decoration, insignia, or charm, or to use and assume such name as a member thereof.

     Whenever there shall be an actual or threatened violation of the above act, an application may be made to the court or judge having jurisdiction to issue an injunction, upon notice to the defendant of not less than 5 days, restraining such actual or threatened violation, or if it shall appear to such court or justice that the defendant is in fact using the name of such a benevolent, humane, fraternal or charitable corporation, incorporated as aforesaid, or a name so nearly resembling it as to be calculated to deceive the public, or is wearing or exhibiting the badge, insignia, or emblem, of such corporation without authority thereof, and in violation of the above act, an injunction may be issued by said court or justice, enjoining or restraining such actual or threatened violation, without requiring proof that any person has in fact been misled or deceived thereby.

     Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, fined not exceeding 100 dollars, or imprisonment in the county jail not exceeding 90 days, or both such fine and imprisonment.