Current Status Introducing Body:Senate Bill Number:997 Primary Sponsor:Reese Committee Number:11 Type of Legislation:GB Subject:Trademarks and service marks Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/10806JM.94 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Reese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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997 Senate 19940111 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 39-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARKS, TRADEMARKS, AND SERVICE MARKS AND CIVIL LIABILITY FOR CERTAIN USES OF IMITATION OF A MARK, SO AS TO DELETE CERTAIN RESTRICTIVE LANGUAGE REGARDING A CIVIL ACTION AND REMEDIES UNDER A CIVIL ACTION, AND TO MAKE ANY ACT IN CONTRAVENTION OF THIS SECTION A CRIMINAL OFFENSE AND IMPOSE CRIMINAL PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-15-220 of the 1976 Code is amended to read:
"Section 39-15-220. Subject to the provisions of Section 39-15-240, any person who shall:
(1) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this State of such goods or services; shall be liable:
(a) to a civil action by the owner of such registered mark for any or all of the remedies provided in Section 39-15-230, except that under item (2) the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive and
(b) a criminal penalty consisting of a fine of seven thousand dollars and imprisonment for ninety days for each separate act which amounts to a violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.