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2011 SESSION
HB 2148 Trademark infringement; court in criminal proceeding to order that material be destroyed, etc.
Introduced by: Benjamin L. Cline | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Trademark infringement. Requires the court in any criminal proceeding involving trademark infringement, upon the request of the Commonwealth, to order that material infringing on a trademark in the possession or under the control of a defendant or law-enforcement officer be destroyed or delivered for destruction, or alternatively disposed of in another manner with the consent of the owner of the registered mark. Currently, courts are required to order that such materials be destroyed, delivered, or otherwise disposed of in civil proceedings brought by the registrant of the trademark. The measure also provides that a mark is deemed to be in use in connection with goods whose nature makes the placement of a tag or label impracticable if the mark is on documents associated with the goods or their sale and the goods are possessed in the Commonwealth. Finally, the measure provides that it is the owner of a registered mark, rather than its registrant, to whom a person infringing on a trademark is liable.
FULL TEXT
- 01/12/11 House: Prefiled and ordered printed; offered 01/12/11 11101065D pdf | impact statement
- 02/03/11 House: Printed as engrossed 11101065D-E pdf | impact statement
- 02/23/11 House: Bill text as passed House and Senate (HB2148ER) pdf | impact statement
- 04/06/11 House: Reenrolled bill text (HB2148ER2) pdf | impact statement
- 04/06/11 Governor: Acts of Assembly Chapter text (CHAP0801) pdf
AMENDMENTS
HISTORY
- 01/12/11 House: Prefiled and ordered printed; offered 01/12/11 11101065D
- 01/12/11 House: Referred to Committee for Courts of Justice
- 01/18/11 House: Assigned Courts sub: #1 Criminal
- 01/19/11 House: Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
- 01/31/11 House: Reported from Courts of Justice with amendment (22-Y 0-N)
- 02/02/11 House: Read first time
- 02/03/11 House: Read second time
- 02/03/11 House: Committee amendment agreed to
- 02/03/11 House: Engrossed by House as amended HB2148E
- 02/03/11 House: Printed as engrossed 11101065D-E
- 02/04/11 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/04/11 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 02/07/11 Senate: Constitutional reading dispensed
- 02/07/11 Senate: Referred to Committee on Commerce and Labor
- 02/14/11 Senate: Reported from Commerce and Labor (15-Y 0-N)
- 02/16/11 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/17/11 Senate: Read third time
- 02/17/11 Senate: Passed Senate (39-Y 0-N)
- 02/23/11 House: Enrolled
- 02/23/11 House: Bill text as passed House and Senate (HB2148ER)
- 02/23/11 House: Signed by Speaker
- 02/23/11 Senate: Signed by President
- 03/22/11 House: Governor's recommendation received by House
- 04/05/11 House: Placed on Calendar
- 04/06/11 House: House concurred in Governor's recommendation (98-Y 0-N)
- 04/06/11 House: VOTE: ADOPTION (98-Y 0-N)
- 04/06/11 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
- 04/06/11 Governor: Governor's recommendation adopted
- 04/06/11 House: Reenrolled
- 04/06/11 House: Reenrolled bill text (HB2148ER2)
- 04/06/11 House: Signed by Speaker as reenrolled
- 04/06/11 Senate: Signed by President as reenrolled
- 04/06/11 House: Enacted, Chapter 801 (effective 7/1/11)
- 04/06/11 Governor: Acts of Assembly Chapter text (CHAP0801)