HB4447 EnrolledLRB103 34729 SPS 64577 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Motor 
5Vehicle Dealer Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Motor vehicle dealer" means any person who, in the 
8ordinary course of business, is engaged in the business of 
9selling new or used motor vehicles to consumers or other end 
10users.
11    "Person" means a natural person, corporation, partnership, 
12trust, or other entity, and in the case of an entity, it shall 
13include any other entity in which it has a majority interest or 
14which it effectively controls as well as the individual 
15officers, directors, and other persons in active control of 
16the activities of each such entity.
 
17    Section 10. Third-party use of motor vehicle dealer 
18likenesses. A person shall not use the name, image, likeness, 
19registered trademark, or intellectual property belonging to a 
20motor vehicle dealer without first obtaining written 
21permission from the motor vehicle dealer.
 
 
 
HB4447 Enrolled- 2 -LRB103 34729 SPS 64577 b

1    Section 15. Enforcement and penalties. A motor vehicle 
2dealer whose name, image, likeness, registered trademark, or 
3intellectual property is used in violation of Section 10, may 
4bring an action in the circuit court in the county in which the 
5motor vehicle dealer conducts business to recover actual 
6damages or up to $5,000, whichever is greater. The court may, 
7in its discretion, award punitive damages and other equitable 
8relief it deems appropriate.
 
9    Section 97. Severability. The provisions of this Act are 
10severable under Section 1.31 of the Statute on Statutes.