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
965826428Patrons-- Reynolds, Albo, Almand, Armstrong, Baker, Bennett, Cantor, Clement, Davies, Deeds, Howell, Jackson, Johnson, Jones, J.C., McClure, McEachin, Melvin, Mims, Moore, Moran and Watts; Senators: Edwards, Goode, Lucas, Reasor, Saslaw and Stolle
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, 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, 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) clause (ii) hereof 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. 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 for destruction or disposition.
B. Any person who knowingly and intentionally violates the provisions of § 59.1-88 shall be guilty of a Class 2 misdemeanor.
C. On a second conviction under § 59.1-88, or if the violation involves more than 100 but less than 1,000 items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark is more than $1,000, such person shall be guilty of a Class 4 felony.
D. On a third or subsequent conviction under § 59.1-88, or if the violation involves 1,000 or more items bearing a counterfeit mark or the total retail value of all items bearing a counterfeit mark is more than $10,000, such person shall be guilty of a Class 3 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 $250,000.