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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 | history
SUMMARY AS PASSED HOUSE:
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.
SUMMARY AS INTRODUCED:
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 alternative disposition. 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.