Counterfeit marks.
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AB 326 — Counterfeit marks.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office is guilty of a felony, punishable, upon conviction, by a fine, or imprisonment, or both, as specified. In any action brought pursuant to this provision, existing law authorizes, upon request of any law enforcement agency and consent from the specific registrants, the court to consider a motion to have goods, articles, or other matter bearing the marks, and other devices that were used in connection with that crime, excluding certain recordings or audiovisual works, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. For purposes of these provisions, a person includes a business entity. This bill would additionally provide immunity for any person, including, but not limited to, law enforcement, from liability to any person for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating goods pursuant to this provision. The bill would also provide that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/10/11 - Introduced Current pdf February 10, 2011
- AB326 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Coms. on PUB. S. and JUD.
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From printer. May be heard in committee March 13.
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Read first time. To print.
Sponsors
- Cedillo · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Cedillo
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 326 do?
- Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or registered on the Principal Register of the United States Patent and Trademark Office is guilty of a felony, punishable, upon conviction, by a fine, or imprisonment, or both, as specified. In any action brought pursuant to this provision, existing law authorizes, upon request of any law enforcement agency and consent from the specific registrants, the court to consider a motion to have goods, articles, or other matter bearing the marks, and other devices that were used in connection with that crime, excluding certain recordings or audiovisual works, donated to a nonprofit organization for the purpose of distributing the goods to persons living in poverty at no charge to the persons served by the organization. For purposes of these provisions, a person includes a business entity. This bill would additionally provide immunity for any person, including, but not limited to, law enforcement, from liability to any person for costs, damages, or other claims or expenses as a result of actions taken or omitted in good faith in the course of donating goods pursuant to this provision. The bill would also provide that no person who is granted immunity by this provision shall be criminally prosecuted or be subjected to any criminal penalty for or because of any action taken or omitted in good faith in the course of donating goods pursuant to this provision.
- Who sponsors AB 326?
- AB 326 is sponsored by Cedillo.
- What is the current status of AB 326?
- This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 326?
- Track AB 326 free on One Click Politics — get push/email alerts when it moves.
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