Bill Text: NJ A139 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits unauthorized use of name, image or likeness of members of Armed Forces of United States.*
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-06-16 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A139 Detail]
Download: New_Jersey-2010-A139-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Sussex, Hunterdon and Morris)
Assemblyman GARY R. CHIUSANO
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Prohibits unauthorized use of name and images of members of Armed Forces of United States.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting the unauthorized use of names and images of members of the Armed Forces of the United States and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Living survivor of the protected individual" means the living survivor or survivors of the protected individual highest on the following list: the surviving spouse; the children; the parents; the grandparents; or the siblings.
"Protected individual" means any person who is a member of the Armed Forces of the United States; or was a member of the Armed Forces at any time after on or after April 6, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling.
2. No person may knowingly use the name or image of a protected individual, except with the written permission of the protected individual, or if the protected individual is deceased, the living survivor of the protected individual, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to:
a. connect the protected individual with that individual's service in the Armed Forces; and
b. convey the impression that such use is approved, endorsed, or authorized by the protected individual or the living survivors of the protected individual.
3. a. Any person who violates the provisions of this act shall be guilty of a disorderly persons offense and shall, notwithstanding subsection c. of N.J.S.2C:43-3, be fined not less than $1,000 or more than $2,500. The penalty shall be exclusive of and in addition to any other penalties provided under Title 2C of the New Jersey Statutes.
b. Whenever there shall be a violation of this act an application may be made by the Attorney General in the name of the people of the State to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the violation; and if it shall appear to the satisfaction of the court that the defendant has, in fact, violated this act, an injunction may be issued by the court, enjoining and restraining any further violations, without requiring proof that any person has in fact been injured or damaged.
4. This act shall take effect immediately.
STATEMENT
This bill is in response to the merchandise currently being sold on various websites that state, generally, "Bush Lied, They Died." The merchandise, often t-shirts, will then list the names of members of the Armed Forces of the Untied States who have died in Iraq without the permission of the surviving family members of those men and women.
This bill prohibits a person from knowingly using the name or image of a protected individual, except with the written permission of the protected individual, or if the protected individual is deceased, the living survivor or each living survivor, as applicable, of the protected individual, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to: a. connect the protected individual with that individual's service in the Armed Forces; and b. convey the impression that such use is approved, endorsed, or authorized by the protected individual or the living survivors of the protected individual.
The bill defines a "protected individual" as any person who is a member of the Armed Forces; or who was a member of the Armed Forces at any time after on or after April 6, 1917, and, if not living, has a surviving spouse, child, parent, grandparent, or sibling and defines a "living survivor of the protected individual" as the living survivor or survivors of the protected individual highest on the following list: the surviving spouse; the children; the parents; the grandparents; or the siblings.
The bill further provides that any person who violates the provisions of the bill shall be guilty of a disorderly persons offense and shall be fined not less than $1,000 or more than $2,500. That penalty shall be exclusive of and in addition to any other penalties provided under Title 2C of the New Jersey Statutes.
In addition to a monetary penalty, an application may be made by the Attorney General in the name of the people of the State to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of the violation. If it appears to the satisfaction of the court that the defendant has, in fact, violated the provisions of the bill, an injunction may be issued by the court, enjoining and restraining any further violations, without requiring proof that any person has in fact, been injured or damaged.
