Badge

A mark or sign worn by some persons, or placed upon certain things, for the purpose of designation. Some public officers, as watchmen, policemen, and the like are required to wear badges that they may be readily known. It is used figuratively when we say that retention of possession of personal property by the seller is a badge of fraud. Under its police power a legislature may forbid persons who are not members of societies from wearing the badge of such societies; Hammer v. State, 173 Ind. 199, 89 N. E. 850, 24 L. R. A. (N. S.) 795, 140 Am. St. Rep. 248, 21 Ann. Cas. 1034; Com. v. Martin, 35 Pa. Super. Ct. 241; contra, State v. Holland, 37 Mont. 393, 96 Pac. 719. One who wears a badge of a society without being a member holds himself out to the public and to actual members as guilty of a false personation. It is a deceit and a false pretense, and its object could be nothing else than deception, which it is in itself, with possibly ulterior motives; Hammer v. State, 173 Ind. 199, 89 N. E. 850, 24 L. R. A. (N. S.) 795, 140 Am. St. Rep. 248, 21 Ann. Cas. 1034; an association may obtain injunctive relief against the use by another association of its emblems; Benevolent & Protective Order of Elks v. Improved & Protective Order of Elks of the World, 60 Misc. 223, 111 N. Y. Supp. 1067, affirmed id., 133 App. Div. 918, 118 N. Y. Supp. 1094.