Collectible Coin Protection Act HR5977
Nicholas Pyle
Sent: Monday, June 25, 2012 11:04 PM
To: PNG
Subject: HR5977 Collectible Coin Protection Act of 2012
Please post this information on your boards, networks websites, newsletter and publications we need the numismatic community to support this legislation and contact their members of Congress.
Thank you,
Barry
COLLECTORS URGED TO ASK THEIR MEMBERS OF CONGRESS TO SUPPORT HR 5977
On Wednesday, June 20th, Chairman Fred Upton (Energy and Commerce Committee) and Chairman Lamar Smith (Judiciary Committee) Co-authored and filed HR 5977, entitled "Collectible Coin Protection Act."
The legislation drafted from suggestions provided by the industry trade association ICTA, as well as individual collectors and legal counsel, provided amendments to the Hobby Protection Act long sought by those seeking to add "teeth" to the legislation that was written long before the current technology for counterfeiting not only coins but also certification capsules existed.
The legislation, HR 5977 adds "teeth" by:
1. Expanding the reach of the Hobby Protection Act beyond "distribution" and into "sales" and marketing;
2. Expanding the targets of litigation to include not previously covered areas such as any person" who provides substantial assistance or support to any manufacturer, importer, or seller " knowingly engaging in any act or practice that violates the Act;
3. Assists in litigation efforts by expanding beyond the old venue language requiring an "agent present" to include any party "who transacts business, or whereever venue is proper under Section 1391 of Title 28 of the United States Code;
4. Adds Trademark violation provisions to the Hobby Protection Act targeted at the conterfeiting of certification service packaging and capsules and adds remedies previosuly not included in the Hobby Protection Act incorporating sections of the Trademark Act of 1946 (USC Title 15, Sections 1116-1118) as violations of the Hobby Protection Act.
More specifically, this provision adds the legal authority to obtain injunctions, recover damages for violations that include profits, costs, attorney fees and treble damages for punishment and to provide for the destruction of any infringing articles.
Please contact your Member of Congress, or any Member you may know to join as a Co-Sponsor of HR 5977 in the next step in protecting collectors and consumers from counterfeiting fraud and abuse.