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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
966937428Be 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, trade
name, label, or design 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, trade name, label, or
design 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
, trade name, label, or design 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
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 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 .