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MN SF2598

Bill

Status

Introduced

4/5/2012

Primary Sponsor

Geoffrey Michel

Click for details

Origin

Senate

87th Legislature 2011-2012

AI Summary

  • Enacts the Minnesota Small Business Trademark Protection Act, establishing definitions for "trademark bullying" (using litigation tactics beyond reasonable interpretation of trademark rights) and "trademark dispute" under Minnesota and federal law.

  • Creates mandatory settlement conference procedures through the Minnesota Office of Administrative Hearings for trademark disputes before litigation commences, to be scheduled within 30 days and conducted by telephone if parties must travel more than 50 miles.

  • Imposes $1,500 fine plus attorney fees and costs on parties alleging trademark infringement who refuse to participate in settlement conferences.

  • Allows treble damages if a court finds a case involves trademark bullying, and permits involuntary dissolution of domestic businesses or revocation of foreign 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 12-point font notice of parties' right to request a settlement conference under this act; effective August 1, 2012.

Legislative Description

Minnesota Small Business Trademark Protection Act

Last Action

Referred to Jobs and Economic Growth

4/5/2012

Committee Referrals

Jobs and Economic Growth4/5/2012

Full Bill Text

No bill text available