Sen. Laura M. Murphy
Filed: 5/7/2024
 
 

 
 

 
10300HB4447sam001LRB103 34729 SPS 72634 a

1
AMENDMENT TO HOUSE BILL 4447 

2    AMENDMENT NO. ______. Amend House Bill 4447 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Motor 
5Vehicle Dealer Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Motor vehicle dealer" means any person who, in the 
8ordinary course of business, is engaged in the business of 
9selling new or used motor vehicles to consumers or other end 
10users.
11    "Person" means a natural person, corporation, partnership, 
12trust, or other entity, and in the case of an entity, it shall 
13include any other entity in which it has a majority interest or 
14which it effectively controls as well as the individual 
15officers, directors, and other persons in active control of 
16the activities of each such entity.
 
 
 
10300HB4447sam001- 2 -LRB103 34729 SPS 72634 a

1    Section 10. Third-party use of motor vehicle dealer 
2likenesses. A person shall not use the name, image, likeness, 
3registered trademark, or intellectual property belonging to a 
4motor vehicle dealer without first obtaining written 
5permission from the motor vehicle dealer.
 
6    Section 15. Enforcement and penalties. A motor vehicle 
7dealer whose name, image, likeness, registered trademark, or 
8intellectual property is used in violation of Section 10, may 
9bring an action in the circuit court in the county in which the 
10motor vehicle dealer conducts business to recover actual 
11damages or up to $5,000, whichever is greater. The court may, 
12in its discretion, award punitive damages and other equitable 
13relief it deems appropriate.
 
14    Section 97. Severability. The provisions of this Act are 
15severable under Section 1.31 of the Statute on Statutes.".