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MN HF2996

Bill

Status

Introduced

4/5/2012

Primary Sponsor

Joyce Peppin

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Enacts the Minnesota Small Business Trademark Protection Act and defines "trademark bullying" as using litigation tactics to enforce trademark rights beyond their reasonable scope.

  • Establishes mandatory settlement conference procedure through the Minnesota Office of Administrative Hearings for trademark disputes, available before suit is filed and must be scheduled within 30 days of request.

  • Requires parties alleging trademark infringement who refuse to participate in settlement conference to pay $1,500 fine plus attorney fees and costs to the opposing party.

  • Authorizes treble damages if a trademark holder is found guilty of bullying and prevails in subsequent litigation, and permits involuntary dissolution or revocation of business authority for entities found to engage in trademark bullying more than twice in ten years.

  • Requires all trademark cease-and-desist letters sent to Minnesota entities include notice of the right to request a settlement conference in 12-point font, effective August 1, 2012.

Legislative Description

Minnesota Small Business Trademark Protection Act enacted, and dispute settlement conference provided for.

Last Action

Introduction and first reading, referred to Jobs and Economic Development Finance

4/5/2012

Committee Referrals

Jobs and Economic Development Finance4/5/2012

Full Bill Text

No bill text available