SLS 24RS-256 ORIGINAL
2024 Regular Session
SENATE BILL NO. 340
BY SENATOR HARRIS
TRADEMARKS/TRA DE NAMES. Provides for penalties for unauthorized use of a regional
transit authority's streetcar image or likeness. (gov sig)
1 AN ACT
2 To enact Subpart L of Part VI of Chapter 1 of Title 51 of the Louisiana Revised Statutes of
3 1950, to be comprised of R.S. 51:300.51, relative to regional transit authorities; to
4 provide for reproduction, counterfeit, copy, or colorable imitation of certain
5 streetcars of regional transit authorities in certain locales; to provide relative to
6 image or likeness; to provide for remedies; to provide for penalties; to provide
7 relative to terms, conditions, and procedures; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Subpart L of Part VI of Chapter 1 of Title 51 of the Louisiana Revised
10 Statutes, comprised of R.S. 51:300.51, is hereby enacted to read as follows:
11 ยง300.51. Infringement and remedies
12 A. No person shall use, without the consent of a regional transit authority
13 located in a parish with a population of not less than three hundred eighty
14 thousand and not more than three hundred ninety thousand according to the
15 most recent federal decennial census, any reproduction, counterfeit, copy, or
16 colorable imitation of a 900-series Perley Thomas streetcar in connection with
17 the sale, offering for sale, or advertising of any goods or services.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 340
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1 B. No person shall reproduce, counterfeit, copy, or colorably imitate the
2 900-series Perley Thomas streetcar of a regional transit authority located in a
3 parish with a population of not less than three hundred eighty thousand and not
4 more than three hundred ninety thousand according to the most recent federal
5 decennial census or apply the reproduction, counterfeit, copy, or colorable
6 imitation to labels, clothing, jewelry, signs, prints, packages, wrappers,
7 receptacles, or other items or advertisements.
8 C. Whoever violates the provisions of this Section shall be liable in a civil
9 action by the regional transit authority for remedies provided in this Section,
10 including attorney fees and costs. Whoever violates the provisions of this Section
11 may be subject to a fine not to exceed five thousand dollars.
12 D. The regional transit authority may proceed by suit to enjoin the
13 unauthorized manufacture, use, display, or sale of any counterfeits or imitations
14 of the street cars of the regional transit authority, and any court of competent
15 jurisdiction may grant an injunction to restrain the manufacture, use, display,
16 or sale as may be deemed by the court to be just and reasonable, and may
17 require the defendant to pay the regional transit authority all profits derived
18 from and all damages suffered by reason of the wrongful manufacture, use,
19 display, or sale. The court may also order that any counterfeits or imitations in
20 the possession or under the control of any defendant in the case be delivered to
21 an officer of the court, or the complainant, to be destroyed.
22 E. The enumeration of any right or remedy in this Section shall not affect
23 the right of the regional transit authority to sue, prosecute, or seek prosecution
24 under any other law of this state.
25 Section 2. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ridge.
DIGEST
SB 340 Original 2024 Regular Session Harris
Proposed law provides that no person shall use, without the consent of a regional transit
authority (RTA) located in a parish with a population of not less than 380,000 and not more
than 390,000, any reproduction, counterfeit, copy, or colorable imitation of a 900-series
Perley Thomas streetcar in connection with the sale, offering for sale, or advertising of any
goods or services.
Proposed law provides that no person shall reproduce, counterfeit, copy, or colorably imitate
the 900-series Perley Thomas streetcar of an RTA located in a parish with a population of
not less than 380,000 and not more than 390,000 or apply the reproduction, counterfeit,
copy, or colorable imitation to labels, clothing, jewelry, signs, prints, packages, wrappers,
receptacles, or other items or advertisements.
Proposed law provides for a civil action by the RTA for remedies provided in proposed law,
including attorney fees and costs. Provides that a person who violates proposed law may be
subject to a fine not to exceed $5,000.
Proposed law provides that the RTA may seek to enjoin the unauthorized manufacture, use,
display, or sale of any counterfeits or imitations of the street cars of the regional transit
authority, and any court of competent jurisdiction may grant injunctions to restrain the
manufacture, use, display, or sale as the court deems appropriate.
Proposed law provides that the court may order the defendants to pay the RTA all profits
derived from and all damages suffered due to the wrongful manufacture, use, display, or
sale. Provides the court may order that counterfeits or imitations in the possession or under
the control of any defendant in the case be delivered to an officer of the court, or the
complainant, to be destroyed.
Proposed law provides that any right or remedy afforded to the RTA in proposed law will
not affect the RTA's right to sue, prosecute, or seek prosecution otherwise authorized by
present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 51:300.51)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.