§ 3.1-389. (Repealed effective October 1, 2008) Injunctions to prevent violations; exceptions as to certain pu...
In addition to the remedies hereinafter provided the Commissioner is authorized to apply to any court of record in the Commonwealth for, and such court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of § 3.1-388, irrespective of whether or not there exists an adequate remedy at law. But whenever it appears to the satisfaction of the court in the case of a newspaper, magazine, periodical, or other publication, published at regular intervals, (1) that restraining the dissemination of a false advertisement in any particular issue of such publication would delay the delivery of such issue after the regular time therefor, and (2) that such delay would be due to the method by which the manufacture and distribution of such publication is customarily conducted by the publisher in accordance with sound business practice, and not to any method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to such false advertisement or any other advertisement, the court shall exclude such issue from the operation of the restraining order or injunction.
(Code 1950, § 3-309; 1966, c. 702; 2005, c. 681.)
Sections: Previous 3.1-384 3.1-385 3.1-385.1 3.1-386 3.1-387 3.1-388 3.1-388.1 3.1-389 3.1-390 3.1-391 3.1-392 3.1-393 3.1-394 3.1-395 3.1-396 NextLast modified: April 16, 2009