Bill Text: IL HB4447 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the engrossed bill with the following change. Inserts a severability clause.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0817 [HB4447 Detail]

Download: Illinois-2023-HB4447-Chaptered.html

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Public Act 103-0817
HB4447 Enrolled LRB103 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.