                                 CODE OF VIRGINIA

REMEDIES AND PENALTIES (§ 59.1-92.13)

A. Any owner of a registered mark in force and effect may proceed by suit in a
court of competent jurisdiction to enjoin violations of &#xA7; 59.1-92.12, seek
such other remedies as are set forth herein, or both. Any court of competent
jurisdiction may grant such injunctions as may by the court be deemed just and
reasonable to restrain such violations, and may require any defendant to pay to
such owner all profits derived from and/or all damages suffered by reason of
such violations. The court shall also order that any material that violates
&#xA7; 59.1-92.12 that is in the possession or under the control of any
defendant in such case be destroyed or delivered to an officer of the court or
to the owner for destruction, or alternatively disposed of in another manner
with the written consent of the owner of the registered mark. The court, in its
discretion upon consideration of the circumstances of the case, may award
reasonable attorney fees to the prevailing party.

B. Any person who:

   1. Knowingly and intentionally violates the provisions of &#xA7; 59.1-92.12 is
   guilty 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 &#xA7; 59.1-92.12
   and possesses 100 or more identical counterfeit registered marks or possesses
   counterfeit items valued at $200 or more, is guilty of a Class 6 felony.

C. Property subject to lawful seizure by any officer charged with enforcing this
chapter shall include any article bearing or consisting of a counterfeit mark
used in violation of this chapter, any property used in the substantial
connection with or intended for use in the course of a violation of this
chapter, or any interest or profits substantially connected to a violation of
this chapter. Forfeiture, seizure, and disposition of such property shall be in
accordance with Chapter 22.1 (&#xA7; 19.2-386.1 et seq.) of Title 19.2.

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

E. In any criminal proceeding under subsection B, upon motion of the
Commonwealth the court shall order any material that violates &#xA7; 59.1-92.12
that is in the possession or under the control of any defendant or
law-enforcement officer be destroyed or delivered to an officer of the court or
to the owner of the registered mark for destruction, or alternatively disposed
of in another manner with the written consent of the owner of the registered
mark.

HISTORY: 1998, c. 819; 2008, cc. 759, 800; 2011, c. 801.