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1995 SESSION
LD6387613Be it enacted by the General Assembly of Virginia:
1. That § 8.01-40 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-40. Unauthorized use of name or picture of any person; exemplary damages; statute of limitations.
A. Any person whose name, portrait, or picture is used for advertising
purposes or for the purposes of trade, without having first obtained
the written consent of such person, or if dead, of the surviving consort and
if none, of the next of kin, or if a minor, the written consent of his or her
parent or guardian, for advertising purposes or for the purposes of
trade, such persons may maintain a suit in equity against the person,
firm, or corporation so using such person's name, portrait, or picture to
prevent and restrain the use thereof; and may. The person
may also sue and recover damages for any injuries sustained by reason
of such use. And, and if the defendant shall have
knowingly used such person's name, portrait or picture in such
manner as is forbidden or declared to be unlawful by this chapter,
the jury, in its discretion, may award exemplary damages. A prosecution
may also be commenced pursuant to § 18.2-216.1.
B. A person who knowingly uses the name of any other person, without having first obtained the written consent and authorization of the other person, in order to induce another to issue a credit card may sue and recover damages for any injuries sustained thereby.
B. C. No action shall be commenced under this
section subsection A more than twenty years after the death
of such person.