Illinois General Assembly - Full Text of HB4447
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Full Text of HB4447  103rd General Assembly

HB4447ham005 103RD GENERAL ASSEMBLY

Rep. John M. Cabello

Filed: 4/17/2024

 

 


 

 


 
10300HB4447ham005LRB103 34729 SPS 72514 a

1
AMENDMENT TO HOUSE BILL 4447

2    AMENDMENT NO. ______. Amend House Bill 4447, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the Motor
6Vehicle Dealer Protection Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Motor vehicle dealer" means any person who, in the
9ordinary course of business, is engaged in the business of
10selling new or used motor vehicles to consumers or other end
11users.
12    "Person" means a natural person, corporation, partnership,
13trust, or other entity, and in the case of an entity, it shall
14include any other entity in which it has a majority interest or
15which it effectively controls as well as the individual
16officers, directors, and other persons in active control of

 

 

10300HB4447ham005- 2 -LRB103 34729 SPS 72514 a

1the activities of each such entity.
 
2    Section 10. Third-party use of motor vehicle dealer
3likenesses. A person shall not use the name, image, likeness,
4registered trademark, or intellectual property belonging to a
5motor vehicle dealer without first obtaining written
6permission from the motor vehicle dealer.
 
7    Section 15. Enforcement and penalties. A motor vehicle
8dealer whose name, image, likeness, registered trademark, or
9intellectual property is used in violation of Section 10, may
10bring an action in the circuit court in the county in which the
11motor vehicle dealer conducts business to recover actual
12damages or up to $5,000, whichever is greater. The court may,
13in its discretion, award punitive damages and other equitable
14relief it deems appropriate.".