PRINTER'S NO. 736
No. 692 Session of 1975
INTRODUCED BY ORLANDO, FRAME AND ZEMPRELLI, APRIL 30, 1975
REFERRED TO BUSINESS AND COMMERCE, JUNE 2, 1975
AN ACT
1 Amending the act of July 12, 1968 (P.L.330, No.161), entitled
2 "An act establishing the Bicentennial Commission of
3 Pennsylvania to plan and develop Pennsylvania's participation
4 in the commemoration of the American Revolution; providing
5 for the appointment of members and the powers and duties of
6 the commission; and making an appropriation," providing for
7 the adoption and licensing of marks, and further providing
8 for remedies for infringement.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 2, act of July 12, 1968 (P.L.330,
12 No.161), known as the "Bicentennial Commission of Pennsylvania
13 Act," is amended by adding a clause to read:
14 Section 2. Legislative Findings; Declaration of Policy.--It
15 is hereby determined and declared as a matter of legislative
16 finding:
17 * * *
18 (6) That it is both desirable and necessary to protect by
19 statute certain distinctive marks relating to the Bicentennial
20 observance.
21 Section 2. The act is amended by adding sections to read:
1 Section 4.1. Logotypes, symbols, slogans and other
2 representations.--(a) As used in this section, the word "mark"
3 means any logotype, symbol, slogan, or other representation
4 adopted by the commission and published in the Pennsylvania
5 Bulletin.
6 (b) No person, partnership, corporation or other entity,
7 except as authorized by the commission, shall use, manufacture,
8 sell, reproduce, counterfeit, copy, colorably imitate or
9 otherwise use in a manner likely to cause confusion, to cause
10 mistake or to deceive, any mark adopted by the commission, or
11 any item bearing such mark, or apply any such mark to labels,
12 signs, prints, packages, wrappers, receptacles or advertisements
13 intended to be used upon, or in connection with, the
14 manufacture, sale, offering for sale, distribution, or
15 advertising of goods or services.
16 (c) The commission shall have the power to authorize any
17 person, partnership, corporation or other entity, in exchange
18 for such monetary or other consideration as it may deem
19 appropriate, to reproduce, or otherwise use, any mark adopted by
20 the commission. Any moneys generated through such authorization
21 shall be remitted to the commission and shall be available to
22 the commission for its use.
23 (d) Any person, partnership, corporation or other entity who
24 shall make use of any mark in a manner proscribed by subsection
25 (b) shall be liable to the commission for infringement in the
26 amount of ten per cent of the retail sale price of each article
27 to which it is affixed or in connection with which it is used,
28 or if not affixed to or used in connection with an article sold,
29 then fifty cents (.50) for each copy reproduced. Any moneys
30 obtained pursuant to this subsection shall be remitted to the
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1 commission and shall be available to the commission for its use.
2 (e) In addition to remedies available at law, the Department
3 of Justice, on behalf of the commission, may institute
4 proceedings in court to enjoin any act proscribed by subsection
5 (b).
6 Section 4.2. Validation of Prior Authorizations.--All
7 authorizations heretofore made by the commission to persons,
8 partnerships, corporations, or other entities to manufacture,
9 reproduce or otherwise use any mark adopted by the commission
10 originated or obtained under the authority of and certified by
11 the commission for use in connection with the commemoration of
12 the American Revolution Bicentennial and the receipt of all
13 moneys and funds heretofore collected and deposited with the
14 commission in exchange for such authorization are hereby
15 validated and made legally effective.
16 Section 3. This act shall take effect immediately.
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