Trademark infringement; court in criminal proceeding to order that material be destroyed, etc. (HB2148)

Introduced By

Del. Ben Cline (R-Amherst)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


Bill Has Passed


01/12/2011Prefiled and ordered printed; offered 01/12/11 11101065D
01/12/2011Referred to Committee for Courts of Justice
01/13/2011Impact statement from (HB2148)
01/13/2011Impact statement from VCSC (HB2148)
01/18/2011Assigned Courts sub: #1 Criminal
01/19/2011Subcommittee recommends reporting with amendment(s) (9-Y 0-N)
01/31/2011Reported from Courts of Justice with amendment (22-Y 0-N) (see vote tally)
02/02/2011Read first time
02/03/2011Read second time
02/03/2011Committee amendment agreed to
02/03/2011Engrossed by House as amended HB2148E
02/03/2011Printed as engrossed 11101065D-E
02/04/2011Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/04/2011VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/07/2011Constitutional reading dispensed
02/07/2011Referred to Committee on Commerce and Labor
02/14/2011Reported from Commerce and Labor (15-Y 0-N) (see vote tally)
02/16/2011Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/17/2011Read third time
02/17/2011Passed Senate (39-Y 0-N) (see vote tally)
02/18/2011Impact statement from VCSC (HB2148E)
02/23/2011Bill text as passed House and Senate (HB2148ER)
02/23/2011Impact statement from DPB (HB2148ER)
02/23/2011Signed by Speaker
02/23/2011Signed by President
03/22/2011Governor's recommendation received by House
04/05/2011Placed on Calendar
04/06/2011House concurred in Governor's recommendation (98-Y 0-N)
04/06/2011VOTE: ADOPTION (98-Y 0-N) (see vote tally)
04/06/2011Senate concurred in Governor's recommendation (40-Y 0-N) (see vote tally)
04/06/2011G Governor's recommendation adopted
04/06/2011Reenrolled bill text (HB2148ER2)
04/06/2011Signed by Speaker as reenrolled
04/06/2011Signed by President as reenrolled
04/06/2011Enacted, Chapter 801 (effective 7/1/11)
04/06/2011G Acts of Assembly Chapter text (CHAP0801)
04/08/2011Impact statement from VCSC (HB2148ER2)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 50 seconds.