Public Act 103-0817
 
HB4447 EnrolledLRB103 34729 SPS 64577 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Motor 
Vehicle Dealer Protection Act.
 
    Section 5. Definitions. As used in this Act:
    "Motor vehicle dealer" means any person who, in the 
ordinary course of business, is engaged in the business of 
selling new or used motor vehicles to consumers or other end 
users.
    "Person" means a natural person, corporation, partnership, 
trust, or other entity, and in the case of an entity, it shall 
include any other entity in which it has a majority interest or 
which it effectively controls as well as the individual 
officers, directors, and other persons in active control of 
the activities of each such entity.
 
    Section 10. Third-party use of motor vehicle dealer 
likenesses. A person shall not use the name, image, likeness, 
registered trademark, or intellectual property belonging to a 
motor vehicle dealer without first obtaining written 
permission from the motor vehicle dealer.
 
    Section 15. Enforcement and penalties. A motor vehicle 
dealer whose name, image, likeness, registered trademark, or 
intellectual property is used in violation of Section 10, may 
bring an action in the circuit court in the county in which the 
motor vehicle dealer conducts business to recover actual 
damages or up to $5,000, whichever is greater. The court may, 
in its discretion, award punitive damages and other equitable 
relief it deems appropriate.
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.