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)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


01/09/2008Prefiled and ordered printed; offered 01/09/08 080336806
01/09/2008Referred to Committee on Commerce and Labor
01/10/2008Impact statement from VCSC (HB1363)
01/22/2008Referred from Commerce and Labor
01/22/2008Referred to Committee for Courts of Justice
01/24/2008Assigned Courts sub: Civil
02/01/2008Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
02/01/2008Referred to Committee on Appropriations
02/04/2008Committee substitute printed 080533464-H1
02/04/2008Impact statement from VCSC (HB1363H1)
02/05/2008Assigned App. sub: Public Safety (Sherwood)
02/05/2008Impact statement from SCC (HB1363)
02/08/2008Reported from Appropriations (24-Y 0-N) (see vote tally)
02/09/2008Read first time
02/11/2008Read second time
02/11/2008Committee substitute agreed to 080533464-H1
02/11/2008Engrossed by House - committee substitute HB1363H1
02/12/2008Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/2008VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/12/2008Communicated to Senate
02/13/2008Constitutional reading dispensed
02/13/2008Referred to Committee for Courts of Justice
02/13/2008Impact statement from SCC (HB1363H1)
02/28/2008Reported from Courts of Justice with substitute (15-Y 0-N)
02/29/2008Committee substitute printed 080913464-S1
02/29/2008Impact statement from VCSC (HB1363S1)
03/03/2008Constitutional reading dispensed (40-Y 0-N)
03/04/2008Read third time
03/04/2008Reading of substitute waived
03/04/2008Committee substitute agreed to 080913464-S1
03/04/2008Engrossed by Senate - committee substitute HB1363S1
03/04/2008Passed Senate with substitute (40-Y 0-N)
03/05/2008VOTE: --- ADOPTION (0-Y 98-N)
03/05/2008Placed on Calendar
03/05/2008Senate substitute rejected by House (0-Y 98-N)
03/05/2008VOTE: --- REJECTED (0-Y 98-N)
03/06/2008Senate insisted on substitute (39-Y 0-N)
03/06/2008Senate requested conference committee
03/06/2008House acceded to request
03/06/2008Conferees appointed by Senate
03/06/2008Senators: Saslaw, Lucas, McDougle
03/06/2008Conferees appointed by House
03/06/2008Delegates: Cline, Peace, Ware, O.
03/07/2008Impact statement from VCSC (HB1363H2)
03/07/2008Conference substitute printed 080917464-H2
03/07/2008Reading of conference report waived
03/07/2008Conference report agreed to by Senate (39-Y 0-N)
03/07/2008Conference report agreed to by House (97-Y 0-N)
03/07/2008VOTE: --- ADOPTION (97-Y 0-N)
03/12/2008Impact statement from SCC (HB1363H2)
03/24/2008Bill text as passed House and Senate (HB1363ER)
03/24/2008Signed by Speaker
03/26/2008Signed by President
03/28/2008Impact statement from SCC (HB1363ER)
04/02/2008G Approved by Governor-Chapter 800 (effective 7/1/08)

Duplicate Bills

The following bills are identical to this one: SB577.


Jeff Nelson writes:

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.