SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 59.1-88 and 59.1-89 of the Code of Virginia are amended and reenacted as follows:
§ 59.1-88. Infringement.
Subject to the provisions of § 59.1-89, any person who shall
(a) Use (i) uses, in this Commonwealth, without the consent of
the registrant, any reproduction, counterfeit, copy or colorable imitation of
any registered trademark, case mark or service mark in connection with the
sale, offering for sale, manufacturing, distribution, or advertising of
any goods or services in a manner likely to cause confusion or mistake or to
deceive purchasers as to the source or origin of such goods or services;
or
(b) Reproduce, counterfeit, copy (ii) reproduces, counterfeits,
copies, or colorably imitate imitates any such trademark,
case mark or service mark and apply applies such reproduction,
counterfeit, copy or colorable imitation to labels, signs, prints,
packages, wrappers, receptacles apparel, manufactured items, or
advertisements intended to be used upon or in connection with the sale or other
distribution in this Commonwealth of such goods or services.
Shall , shall be liable to civil action by the registrant for
any or all of the remedies hereinafter as provided in §
59.1-89, except that under subsection (b) hereof clause (ii) the
registrant shall not be entitled to recover profits or damages unless the acts
have been committed with knowledge that such trademark, case mark or service
mark is intended to be used to cause confusion or mistake or to deceive
purchasers.
§ 59.1-89. Remedies; criminal penalties.
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 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 shall 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 for destruction or disposition.
B. Any person who knowingly and intentionally violates the provisions of §
59.1-88 shall be is guilty of a Class 2 misdemeanor and, upon
a second or subsequent conviction, is guilty of a Class 6 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.