Rep. John M. Cabello
Filed: 4/17/2024
 
 

 
 

 
10300HB4447ham005LRB103 34729 SPS 72514 a

1
AMENDMENT TO HOUSE BILL 4447

2    AMENDMENT NO. ______. Amend House Bill 4447, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:
 
5    "Section 1. Short title. This Act may be cited as the Motor 
6Vehicle Dealer Protection Act.
 
7    Section 5. Definitions. As used in this Act:
8    "Motor vehicle dealer" means any person who, in the 
9ordinary course of business, is engaged in the business of 
10selling new or used motor vehicles to consumers or other end 
11users.
12    "Person" means a natural person, corporation, partnership, 
13trust, or other entity, and in the case of an entity, it shall 
14include any other entity in which it has a majority interest or 
15which it effectively controls as well as the individual 
16officers, directors, and other persons in active control of 
 
 
10300HB4447ham005- 2 -LRB103 34729 SPS 72514 a

1the activities of each such entity.
 
2    Section 10. Third-party use of motor vehicle dealer 
3likenesses. A person shall not use the name, image, likeness, 
4registered trademark, or intellectual property belonging to a 
5motor vehicle dealer without first obtaining written 
6permission from the motor vehicle dealer.
 
7    Section 15. Enforcement and penalties. A motor vehicle 
8dealer whose name, image, likeness, registered trademark, or 
9intellectual property is used in violation of Section 10, may 
10bring an action in the circuit court in the county in which the 
11motor vehicle dealer conducts business to recover actual 
12damages or up to $5,000, whichever is greater. The court may, 
13in its discretion, award punitive damages and other equitable 
14relief it deems appropriate.".