59.1-92.13 - Remedies and penalties. - Virginia Statutes

§ 59.1-92.13. Remedies and penalties.

A. Any registrant of a mark in force and effect may proceed by suit in acourt of competent jurisdiction to enjoin violations of § 59.1-92.12 and/orseek such other remedies as are set forth herein. Any court of competentjurisdiction may grant such injunctions as may by the court be deemed justand reasonable to restrain such violations, and may require any defendant topay to such registrant all profits derived from and/or all damages sufferedby reason of such violations. The court shall also order that any materialthat violates § 59.1-92.12 that is in the possession or under the control ofany defendant in such case be destroyed or delivered to an officer of thecourt or to the registrant for destruction, or alternatively disposed of inanother manner with the written consent of the registrant. The court, in itsdiscretion upon consideration of the circumstances of the case, may awardreasonable attorneys' fees to the prevailing party.

B. Any person who:

1. Knowingly and intentionally violates the provisions of § 59.1-92.12 isguilty of a Class 1 misdemeanor and, upon a second or subsequent conviction,is guilty of a Class 6 felony.

2. Knowingly and intentionally violates the provisions of § 59.1-92.12 andpossesses 100 or more identical counterfeit registered marks or possessescounterfeit items valued at $200 or more, is guilty of a Class 6 felony.

C. Property subject to lawful seizure by any officer charged with enforcingthis chapter shall include any article bearing or consisting of a counterfeitmark used in violation of this chapter, any property used in the substantialconnection with or intended for use in the course of a violation of thischapter, or any interest or profits substantially connected to a violation ofthis chapter. Forfeiture, seizure, and disposition of such property shall bein accordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.

D. In any proceeding under this chapter, any certificate of registrationissued by the Commonwealth or the United States Patent and Trademark Officeshall be prima facie evidence of the facts stated therein.

(1998, c. 819; 2008, cc. 759, 800.)