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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD8501188Patrons--Cunningham, Ball, Cantor, Crittenden, Jones, D.C. and Melvin; Senators: Lambert and Maxwell
Be it enacted by the General Assembly of Virginia:
1. That § 59.1-89 of the Code of Virginia is amended and reenacted as follows:
§ 59.1-89. Remedies; criminal penalty.
A. Any owner of a trademark or service mark registered under this
chapter, or prior acts, and in force and effect, may proceed by suit in a
circuit or corporation court, or court of equity jurisdiction, to
enjoin the manufacture, use, display or sale in this Commonwealth of any
counterfeits or imitations thereof and the court may grant injunctions to
restrain such manufacture, use, display or sale as may be by the court deemed
just and reasonable, and may require the defendants to pay to such owner all
profits derived from and/or all damages suffered by reason of such wrongful
manufacture, use, display or sale; and the court may also order that any such
counterfeits or imitations in the possession or under the control of any
defendant in the case be delivered to an officer of the court, or to the
complainant, to be destroyed.
B. Any person who [ violates subsection A of this
section knowingly and intentionally violates the provisions of §
59.1-88 ] shall be guilty of a Class [ 1 2 ]
misdemeanor.