HB1363: Trademarks and service marks; registration and protection, penalties.
Chief Patron
Del.
Ben Cline (R-24)
Ben Cline
(R-24)
Amherst, VA
Served: 2002–
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Status
04/02/2008: signed by governor
View Entire History
- 01/09/2008 Committee
- 01/09/2008 Prefiled and ordered printed; offered 01/09/08 080336806
- 01/09/2008 Referred to Committee on Commerce and Labor
- 01/10/2008 Impact statement from VCSC (HB1363)
- 01/22/2008 Referred from Commerce and Labor
- 01/22/2008 Referred to Committee for Courts of Justice
- 01/24/2008 Assigned Courts sub: Civil
- 02/01/2008 Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
- 02/01/2008 Referred to Committee on Appropriations
- 02/04/2008 Committee substitute printed 080533464-H1
- 02/04/2008 Impact statement from VCSC (HB1363H1)
- 02/05/2008 Assigned App. sub: Public Safety (Sherwood)
- 02/05/2008 Impact statement from SCC (HB1363)
- 02/08/2008 Reported from Appropriations (24-Y 0-N) (see vote tally)
- 02/09/2008 Read first time
- 02/11/2008 Read second time
- 02/11/2008 Committee substitute agreed to 080533464-H1
- 02/11/2008 Engrossed by House - committee substitute HB1363H1
- 02/12/2008 Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/12/2008 VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
- 02/12/2008 Communicated to Senate
- 02/13/2008 Constitutional reading dispensed
- 02/13/2008 Referred to Committee for Courts of Justice
- 02/13/2008 Impact statement from SCC (HB1363H1)
- 02/28/2008 Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
- 02/29/2008 Committee substitute printed 080913464-S1
- 02/29/2008 Impact statement from VCSC (HB1363S1)
- 03/03/2008 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
- 03/04/2008 Read third time
- 03/04/2008 Reading of substitute waived
- 03/04/2008 Committee substitute agreed to 080913464-S1
- 03/04/2008 Engrossed by Senate - committee substitute HB1363S1
- 03/04/2008 Passed Senate with substitute (40-Y 0-N) (see vote tally)
- 03/05/2008 VOTE: --- ADOPTION (0-Y 98-N) (see vote tally)
- 03/05/2008 Placed on Calendar
- 03/05/2008 Senate substitute rejected by House (0-Y 98-N)
- 03/05/2008 VOTE: --- REJECTED (0-Y 98-N) (see vote tally)
- 03/06/2008 Senate insisted on substitute (39-Y 0-N) (see vote tally)
- 03/06/2008 Senate requested conference committee
- 03/06/2008 House acceded to request
- 03/06/2008 Conferees appointed by Senate
- 03/06/2008 Senators: Saslaw, Lucas, McDougle
- 03/06/2008 Conferees appointed by House
- 03/06/2008 Delegates: Cline, Peace, Ware, O.
- 03/07/2008 Impact statement from VCSC (HB1363H2)
- 03/07/2008 Conference substitute printed 080917464-H2
- 03/07/2008 Reading of conference report waived
- 03/07/2008 Conference report agreed to by Senate (39-Y 0-N) (see vote tally)
- 03/07/2008 Conference report agreed to by House (97-Y 0-N)
- 03/07/2008 VOTE: --- ADOPTION (97-Y 0-N) (see vote tally)
- 03/12/2008 Impact statement from SCC (HB1363H2)
- 03/24/2008 Enrolled
- 03/24/2008 Bill text as passed House and Senate (HB1363ER)
- 03/24/2008 Signed by Speaker
- 03/26/2008 Signed by President
- 03/28/2008 Impact statement from SCC (HB1363ER)
- 04/02/2008 G Approved by Governor-Chapter 800 (effective 7/1/08)
Summary
Trademarks and service marks; penalties. Expands
the scope of laws protecting trademarks and service marks to include
such marks registered with other states and the federal government,
and makes it unlawful to reproduce, counterfeit, or colorably imitate
a registered mark and apply it to patches, fabric, stickers, badges,
emblems, medallions, charms, boxes, containers, cans, cases, handbags,
documentation, packaging, or other components intended to be used
on or in connection with goods or services. The penalties for violations
are increased. Violations are punishable as a Class 1 misdemeanor
unless the offense involves 100 or more items bearing a counterfeit
mark or items with a counterfeit mark with a retail value of more
than $200, in which case it is a Class 6 felony. Convictions where
the offender maliciously causes or attempts to cause bodily injury
of another is a Class 3 felony. If bodily injury is done unlawfully
but not maliciously, it is a Class 6 felony. In addition, counterfeit
articles are subject to forfeiture and violators are subject to a
fine of up to three times the retail value of the goods.
View Full Text »
Video
Votes were cast on this bill on the following dates for which Richmond Sunlight
has video: 01/09/2008, 01/09/2008, 01/10/2008, 01/22/2008, 01/22/2008, 01/24/2008, 01/24/2008, 02/01/2008, 02/01/2008, 02/04/2008, 02/04/2008, 02/05/2008, 02/11/2008, 02/12/2008, 02/13/2008, 02/13/2008, 02/29/2008, 03/06/2008, 03/07/2008 and 03/07/2008.
Friday, August 29, 2008
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Comments
Federal laws prohibiting trademark infringement and counterfitting already cover this area and may preempt this legislation. The legislation gives owners of trademarks registered in other states the right to sue in Virginia regardless of whether other state check whether the mark was valid before registering the mark or whether the Virginia defendant had the first use of the mark. The area of trademark and counterfitting should be left to federal law, where it is well developed.