Trademarks and service marks; registration and protection, penalties. (SB577)

Introduced By

Sen. Dick Saslaw (D-Springfield)

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

Bill Has Passed

History

DateAction
01/09/2008Prefiled and ordered printed; offered 01/09/08 080337806
01/09/2008Referred to Committee on Commerce and Labor
01/11/2008Impact statement from VCSC (SB577)
01/14/2008Rereferred from Commerce and Labor (15-Y 0-N) (see vote tally)
01/14/2008Rereferred to Courts of Justice
01/21/2008Assigned Courts sub: Criminal
02/05/2008Impact statement from SCC (SB577)
02/06/2008Reported from Courts of Justice with substitute (13-Y 0-N 1-A) (see vote tally)
02/07/2008Committee substitute printed 081552324-S1
02/07/2008Impact statement from VCSC (SB577S1)
02/08/2008Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2008Read second time
02/11/2008Reading of substitute waived
02/11/2008Committee substitute agreed to 081552324-S1
02/11/2008Engrossed by Senate - committee substitute SB577S1
02/11/2008Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/11/2008Passed Senate (39-Y 1-N) (see vote tally)
02/11/2008Communicated to House
02/12/2008Placed on Calendar
02/12/2008Read first time
02/12/2008Referred to Committee for Courts of Justice
02/13/2008Impact statement from SCC (SB577S1)
02/14/2008Assigned Courts sub: Mental Health
02/14/2008Assigned Courts sub: Criminal
02/29/2008Reported from Courts of Justice with substitute (21-Y 0-N)
03/03/2008Committee substitute printed 080356324-H1
03/04/2008Read second time
03/05/2008Impact statement from VCSC (SB577H1)
03/05/2008Read third time
03/05/2008Committee substitute agreed to 080356324-H1
03/05/2008Engrossed by House - committee substitute SB577H1
03/05/2008Passed House with substitute BLOCK VOTE (97-Y 0-N)
03/05/2008VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
03/06/2008House substitute agreed to by Senate (40-Y 0-N)
03/08/2008Enrolled
03/08/2008Bill text as passed Senate and House (SB577ER)
03/08/2008Signed by Speaker
03/10/2008Impact statement from VCSC (SB577ER)
03/11/2008Impact statement from SCC (SB577ER)
03/11/2008Signed by President
03/12/2008Signed by Speaker
03/12/2008Signed by President
03/12/2008Impact statement from SCC (SB577ER)
03/27/2008G Approved by Governor-Chapter 759 (effective 7/1/08)

Duplicate Bills

The following bills are identical to this one: HB1363.

Comments

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.