Virginia Code 6.2-941: Use of bank name, logo, or symbol for marketing purposes; penalty.
A. As used in this section, “name, logo, or symbol, or any combination thereof, of a bank” includes any name, logo, or symbol, or any combination thereof, that is deceptively similar to the name, logo, or symbol, or any combination thereof of a bank.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 6.2-941
- Bank: means a corporation authorized by statute to accept deposits and to hold itself out to the public as engaged in the banking business in the Commonwealth. See Virginia Code 6.2-800
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or other legal or commercial entity. See Virginia Code 6.2-100
B. Except as provided in subsection C, no person shall use the name, logo, or symbol, or any combination thereof, of a bank in marketing material provided to or solicitation of another person in a manner such that a reasonable person may believe that the marketing material or solicitation originated from or is endorsed by the bank or that the bank is responsible for the marketing material or solicitation.
C. This section shall not apply to (i) an affiliate or agent of the bank or (ii) a person who uses the name, logo, or symbol of a bank with the consent of the bank.
D. Any person violating the provisions of this section, either individually or as an interested party, is guilty of a Class 1 misdemeanor. This section shall not affect the availability of any remedies otherwise available to a bank.