Trademarks and service marks; registration and protection, penalties. (HB1363)
Introduced By
Del. Ben Cline (R-Amherst) with support from co-patrons Del. Clay Athey (R-Front Royal), Del. Mark Cole (R-Fredericksburg), Del. Jimmie Massie (R-Richmond), Del. Don Merricks (R-Danville), and Del. Beverly Sherwood (R-Winchester)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
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. Read the Bill »
Outcome
History
Date | Action |
---|---|
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) |
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) |
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) |
03/05/2008 | VOTE: --- ADOPTION (0-Y 98-N) |
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) |
03/06/2008 | Senate insisted on substitute (39-Y 0-N) |
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) |
03/07/2008 | Conference report agreed to by House (97-Y 0-N) |
03/07/2008 | VOTE: --- ADOPTION (97-Y 0-N) |
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) |
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.