Pennsylvania Act 1998-73 — NAMES (54 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

NAMES (54 PA.C.S.) - OMNIBUS AMENDMENTS
                  Act of Jun. 18, 1998, P.L. 518, No. 73              Cl. 54
                             Session of 1998
                               No. 1998-73

     HB 1480

                                  AN ACT

     Amending Title 54 (Names) of the Pennsylvania Consolidated
        Statutes, adding and changing definitions; making
        classifications; and providing for registrability and
        application for registration, duration and renewal, for
        cancellation for damages for fraudulent registration, for
        infringement, for injury to business or reputation and for
        remedies.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1102, 1103, 1111, 1112, 1114, 1116,
     1121, 1123, 1124 and 1125 of Title 54 of the Pennsylvania
     Consolidated Statutes are amended to read:
      § 1102.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Abandoned."  A mark shall be deemed to be "abandoned" when
     either of the following occurs:
            (1)  When its use has been discontinued with intent not
        to resume such use. Intent not to resume may be inferred from
        circumstances. Nonuse for two consecutive years shall
        constitute prima facie evidence of abandonment.
            (2)  When any course of conduct of the owner, including
        acts of omission as well as commission, causes the mark to
        lose its significance as a mark.
        ["Adopted and used."  A trademark shall be deemed to be
     "adopted and used" in this Commonwealth when it is placed in any
     manner on the goods or their containers or the displays
     associated therewith or on the tags or labels affixed thereto,
     and such goods are sold or otherwise distributed in this
     Commonwealth. A service mark shall be deemed to be "adopted and
     used" in this Commonwealth when it is used or displayed in the
     sale or advertising of services and the services are rendered in
     this Commonwealth.]
        "Applicant."  Any person filing an application for
     registration of a mark under this chapter, or the legal
     representatives, successors or assigns of such person.
        "Dilution."  The lessening of the capacity of a famous mark
     to identify and distinguish goods or services, regardless of the
     presence or absence of a competition between the owner of the
     famous mark and other parties or likelihood of confusion,
     mistake or deception.
        "Mark."  Includes any trademark or service mark entitled to
     registration under this chapter whether registered or not.
        "Person."  This word or any other word or term used to
     designate the applicant or other party entitled to a benefit or
     privilege or rendered liable under the provisions of this
     chapter to include a juristic person as well as a natural
     person. The term "juristic person" includes a firm, partnership,
     corporation, union, association or other organization capable of
     suing and being sued in a court of law.
        "Registrant."  Any person who registers a mark under this
     chapter, or the legal representatives, successors or assigns of
     such person.
        "Service mark."  [A mark used in the sale or advertising of
     services to identify the services of one person and distinguish
     them from the services of others and includes, without
     limitation, the marks, names, symbols, titles, designations,
     slogans, character names and distinctive features of radio or
     other advertising used in commerce.] Any word, name, symbol or
     devise or any combination thereof used by a person to identify
     and distinguish the services of one person, including a unique
     service, from the services of others and to indicate the source
     of the services even if that source is unknown. Titles,
     character names used by a person and other distinctive features
     of radio or television programs may be registered as service
     marks notwithstanding that they or the programs may advertise
     the goods of the sponsor.
        "Trademark."  Any word, name, symbol or device, or any
     combination thereof, [adopted and] used by a person to identify
     [goods produced, manufactured or sold by the person,] and [to]
     distinguish [them] the goods of such person, including a unique
     product, from [goods produced,] those manufactured or sold by
     others and to indicate the source of the goods even if that
     source is unknown.
        "Trade name."  A word, name, symbol, device or any
     combination thereof used by a person to identify the business,
     vocation or occupation of the person and distinguish it from the
     business, vocation or occupation of others.
        "Use."  The bona fide use of a mark in the ordinary course of
     trade and not merely to reserve a right in a mark. For the
     purposes of this chapter, a mark shall be deemed to be in use:
            (1)  On goods when it is placed in any manner on the
        goods or other containers or the displays associated
        therewith or on the tags or labels affixed thereto or, if the
        nature of the goods makes such placement impracticable, then
        on documents associated with the goods or other sale and the
        goods are sold or transported in commerce in this
        Commonwealth.
            (2)  On services when it is used or displayed in the sale
        or advertising of services and the services are rendered in
        this Commonwealth.
      § 1103.  Classification.
        The [following] general classes of goods and services [are]
     established by the United States Patent and Trademark Office in
     accordance with the International Classification System are to
     be utilized for the purpose of administering this chapter. [The
     department may, by regulation, amend the classification
     established by this section if such amendment does not limit or
     extend the rights of any applicant or registrant.] An
     application for registration of a mark shall be limited to a
     single general class of goods or services. Nothing in this
     chapter shall be construed as limiting the registration of a
     mark to one general class. [The classes are as follows:
                                  GOODS
            (1)  Chemical products used in industry, science,
        photography, agriculture, horticulture, forestry; artificial
        and synthetic resins; plastics in the form of powders,
        liquids or pastes, for industrial use; manures (natural and
        artificial); fire extinguishing compositions; tempering
        substances and chemical preparations for soldering; chemical
        substances for preserving foodstuffs; tanning substances;
        adhesive substances used in industry.
            (2)  Paints, varnishes, lacquers; preservatives against
        rust and against deterioration of wood; coloring matters,
        dyestuffs; mordants; natural resins; metals in foil and
        powder form for painters and decorators.
            (3)  Bleaching preparations and other substances for
        laundry use; cleaning, polishing, scouring and abrasive
        preparations; soaps; perfumery, essential oils, cosmetics,
        hair lotions; dentifrices.
            (4)  Industrial oils and greases (other than edible oils
        and fats and essential oils); lubricants; dust laying and
        absorbing compositions; fuels (including motor spirit) and
        illuminants; candles, tapers, night-lights and wicks.
            (5)  Pharmaceutical, veterinary and sanitary substances;
        infants' and invalids' foods; plasters, material for
        bandaging; material for stopping teeth, dental wax;
        disinfectants; preparations for killing weeds and destroying
        vermin.
            (6)  Unwrought and partly wrought common metals and their
        alloys; anchors, anvils, bells, rolled and cast building
        materials; rails and other metallic materials for railway
        tracks; chains (except driving chains for vehicles); cables
        and wires (nonelectric); locksmiths' work; metallic pipes and
        tubes; safes and cash boxes; steel balls; horseshoes; nails
        and screws; other goods in nonprecious metal not included in
        other classes; ores.
            (7)  Machines and machine tools; motors (except for land
        vehicles); machine couplings and belting (except for land
        vehicles); large size agricultural implements; incubators.
            (8)  Hand tools and instruments; cutlery, forks and
        spoons; side arms.
            (9)  Scientific, nautical, surveying and electrical
        apparatus and instruments (including wireless), photographic,
        cinematographic, optical, weighing, measuring, signalling,
        checking (supervision), lifesaving and teaching apparatus and
        instruments; coin or counter-fed apparatus; talking machines;
        cash registers; calculating machines; fire extinguishing
        apparatus.
            (10)  Surgical, medical, dental and veterinary
        instruments and apparatus (including artificial limbs, eyes
        and teeth).
            (11)  Installations for lighting, heating, steam
        generating, cooking, refrigerating, drying, ventilating,
        water supply and sanitary purposes.
            (12)  Vehicles; apparatus for locomotion by land, air or
        water.
            (13)  Firearms; ammunition and projectiles; explosive
        substances; fireworks.
            (14)  Precious metals and their alloys and goods in
        precious metals or coated therewith (except cutlery, forks
        and spoons); jewelry, precious stones, horological and other
        chronometric instruments.
            (15)  Musical instruments (other than talking machines
        and wireless apparatus).
            (16)  Paper and paper articles, cardboard and cardboard
        articles; printed matter, newspapers and periodicals, books;
        bookbinding material; photographs; stationery, adhesive
        materials (stationery); artists' materials; paint brushes;
        typewriters and office requisites (other than furniture);
        instructional and teaching material (other than apparatus);
        playing cards; printers' type and cliches (stereotype).
            (17)  Gutta-percha, India rubber, balata and substitutes,
        articles made from these substances and not included in other
        classes; plastics in the form of sheets, blocks and rods,
        being for use in manufacture; materials for packing, stopping
        or insulating; asbestos, mica and their products; hose pipes
        (nonmetallic).
            (18)  Leather and imitations of leather and articles made
        from these materials and not included in other classes;
        skins, hides; trunks and travelling bags; umbrellas, parasols
        and walking sticks; whips, harness and saddlery.
            (19)  Building materials, natural and artificial stone,
        cement, lime, mortar, plaster and gravel; pipes of
        earthenware or cement; road-making materials; asphalt, pitch
        and bitumen; portable buildings; stone monuments; chimney
        pots.
            (20)  Furniture, mirrors, picture frames; articles (not
        included in other classes) of wood, cork, reeds, cane,
        wicker, horn, bone, ivory, whalebone, shell, amber, mother-
        of-pearl, meerschaum, celluloid, substitutes for all these
        materials, or of plastics.
            (21)  Small domestic utensils and containers (not of
        precious metal or coated therewith); combs and sponges;
        brushes (other than paint brushes); brush-making materials;
        instruments and material for cleaning purposes; steel wool;
        glassware, porcelain and earthenware, not included in other
        classes.
            (22)  Ropes, string, nets, tents, awnings, tarpaulins,
        sails, sacks; padding and stuffing materials (hair, capoc,
        feathers, seaweed, etc.); raw fibrous textile materials.
            (23)  Yarns, threads.
            (24)  Tissues (piece goods); bed and table covers;
        textile articles not included in other classes.
            (25)  Clothing, including boots, shoes and slippers.
            (26)  Lace and embroidery, ribbons and braid; buttons,
        press buttons, hooks and eyes, pins and needles; artificial
        flowers.
            (27)  Carpets, rugs, mats and matting; linoleums and
        other materials for covering floors; wall hangings
        (nontextile).
            (28)  Games and playthings; gymnastic and sporting
        articles (except clothing); ornaments and decorations for
        Christmas trees.
            (29)  Meat, fish, poultry and game; meat extracts;
        preserved, dried and cooked fruits and vegetables; jellies,
        jams; eggs, milk and other dairy products; edible oils and
        fats; preserves, pickles.
            (30)  Coffee, tea, cocoa, sugar, rice, tapioca, sago,
        coffee substitutes; flour and preparations made from cereals;
        bread, biscuits, cakes, pastry and confectionery, ices,
        honey, treacle; yeast, baking powder; salt, mustard; pepper,
        vinegar, sauces, spices; ice.
            (31)  Agricultural, horticultural and forestry products
        and grains not included in other classes; living animals;
        fresh fruits and vegetables; seeds; live plants and flowers;
        foodstuffs for animals, malt.
            (32)  Beer, ale and porter; mineral and aerated waters
        and other nonalcoholic drinks; syrups and other preparations
        for making beverages.
            (33)  Wines, spirits and liqueurs.
            (34)  Tobacco, raw or manufactured; smokers' articles;
        matches.
                                 SERVICES
            (35)  Advertising and business.
            (36)  Insurance and financial.
            (37)  Construction and repair.
            (38)  Communication.
            (39)  Transportation and storage.
            (40)  Material treatment.
            (41)  Education and entertainment.
            (42)  Miscellaneous.]
      § 1111.  Registrability.
        A mark by which the goods or services of any applicant for
     registration may be distinguished from the goods or services of
     others shall not be registered which:
            (1)  Consists of or comprises immoral, deceptive or
        scandalous matter.
            (2)  Consists of or comprises matter which may disparage
        or falsely suggest a connection with persons, living or dead,
        institutions, beliefs or national symbols, or bring them into
        contempt or disrepute.
            (3)  Consists of or comprises the flag or coat of arms or
        other insignia of the United States, the Commonwealth of
        Pennsylvania, or of any other state or municipality, or of
        any foreign nation, or any simulation thereof.
            (4)  Consists of or comprises the name, signature or
        portrait [of any] identifying a particular living individual,
        except [with his or her] by the individual's written consent.
            (5)  Consists of a mark which:
                (i)  when [applied to] used on or in connection with
            the goods or services of the applicant is merely
            descriptive or deceptively misdescriptive of them;
                (ii)  when [applied to] used on or in connection with
            the goods or services of the applicant is primarily
            geographically descriptive or deceptively misdescriptive
            of them; or
                (iii)  is primarily merely a surname.
        Nothing in this paragraph shall prevent the registration of a
        mark used in this Commonwealth by the applicant which has
        become distinctive of the goods or services of the applicant.
        The department may accept as evidence that the mark has
        become distinctive as [applied to] used on or in connection
        with the goods or services of the applicant, proof of
        continuous use thereof as a mark by the applicant in this
        Commonwealth[, or elsewhere,] for the five years [next
        preceding] before the date [of the filing of the application
        for registration] on which the claim of distinctiveness is
        made.
            (6)  Consists of or comprises a mark which so resembles a
        mark registered in this Commonwealth or a mark or trade name
        previously used in this Commonwealth by another and not
        abandoned, as to be likely, when [applied to] used or in
        connection with the goods or services of the applicant, to
        cause confusion or mistake or to deceive, unless it shall be
        proved to the satisfaction of the department that the person
        last applying for the registry of such mark is entitled
        thereto and is the owner thereof by right of prior adoption
        and use, in which case the date of the adoption shall
        determine the ownership, and shall be proved by verified
        statements of persons conversant with such dates. In case the
        department becomes satisfied after a hearing held as provided
        by section 1116(5) (relating to cancellation) that the person
        last applying for registry is entitled by priority of
        adoption and use in this Commonwealth to register such mark,
        it shall revoke the first registry thereof and, upon
        application and the payment of the fee, register the same in
        the name of such applicant.
      § 1112.  Application for registration.
        (a)  General rule.--Subject to the limitations set forth in
     this chapter, any person who has adopted and used a mark in this
     Commonwealth may file in the department an application for
     registration of that mark, setting forth the following
     information:
            (1)  The name of the person applying for such
        registration, the residence, location or place of business of
        the applicant, and, if a corporation, the jurisdiction of
        incorporation, or, if a partnership, the state in which the
        partnership is organized and the names of the general
        partners.
            (2)  The goods or services on or in connection with which
        the mark is used, the mode or manner in which the mark is
        used on or in connection with such goods or services and the
        class in which such goods or services fall.
            (3)  The date when the mark was first used anywhere and
        the date when it was first used in this Commonwealth by the
        applicant or the predecessor in [business of the applicant]
        interest.
            (4)  A statement that the applicant is the owner of the
        mark, that the mark is in use and that to the knowledge of
        the person verifying the application no other person has [the
        right to use such mark in this Commonwealth,] registered,
        either federally or in this Commonwealth or has the right to
        use such mark, either in the identical form thereof or in
        [any] such near resemblance thereto, as [might be calculated
        to deceive or to be mistaken therefor] to be likely, when
        applied to the goods or services of such other person, to
        cause confusion or to cause mistake or to deceive.
            (4.1)  Whether an application to register the mark or
        portions or a composite thereof has been filed by the
        applicant or a predecessor in interest in the United States
        Patent and Trademark Office, and, if so, the applicant shall
        provide full particulars with respect thereto, including the
        filing date and serial number of each application, the status
        thereof and, if any application was finally refused
        registration or has otherwise not resulted in a registration,
        the reasons therefor.
            (5)  Such other information necessary to the
        administration of this chapter as the department may specify
        by regulation.
        (b)  Facsimile.--The application shall be accompanied by a
     facsimile of such mark.
        (b.1)  Application fee.--The application shall be accompanied
     by the fee specified in 15 Pa.C.S. § 153(a) (relating to fee
     schedule).
        (c)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
      § 1114.  Duration and renewal.
        (a)  General rule.--Registration of a mark under this chapter
     shall be effective for a term of [ten] five years from the date
     of registration and, upon application for renewal filed within
     six months prior to the expiration of such term, the
     registration may be renewed for a like term from the end of the
     expiring term. A mark registration may be renewed for successive
     periods of [ten] five years in like manner. All applications for
     renewals shall include a statement that the mark is still in use
     in this Commonwealth[.] and include a specimen showing actual
     use of the mark on or in conjunction with the goods or services.
     Any registration in force on the date on which the amendment to
     this section shall become effective shall continue in full force
     and effect for the unexpired term thereof and may be renewed by
     filing an application of renewal in accordance with this
     subsection.
        (b)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
      § 1116.  Cancellation.
        (a)  General rule.--The department shall cancel from the
     register under this chapter:
            (1)  All registrations under this chapter which are [more
        than ten years old and] not renewed in accordance with this
        chapter.
            (2)  Any registration concerning which the department
        shall receive an application for cancellation thereof from
        the registrant or the assignee of record.
            (3)  Any registration concerning which a court of
        competent jurisdiction shall find:
                (i)  That the registered mark has been abandoned.
                (ii)  That the registrant is not the owner of the
            mark.
                (iii)  That the registration was granted improperly.
                (iv)  That the registration was obtained
            fraudulently.
                (iv.1)  That the mark is or has become the generic
            name for the goods or services or a portion thereof for
            while it has been registered.
                (v)  That the registered mark is so similar, as to be
            likely to cause confusion or mistake or to deceive, to a
            mark registered by another person in the United States
            Patent and Trademark Office, prior to the date of the
            filing of the application for registration by the
            registrant under this chapter or former provisions of law
            and not abandoned, except that if the registrant proves
            that the registrant is the owner of a concurrent
            registration of the mark in the United States Patent and
            Trademark Office, covering an area including this
            Commonwealth, the registration under this chapter shall
            not be cancelled.
            (4)  When a court of competent jurisdiction shall order
        cancellation of a registration on any ground.
            (5)  Any registration in the following circumstances:
                (i)  Where an applicant, by verified statement or
            other good and sufficient evidence, shall prove to the
            satisfaction of the department that the applicant is
            entitled by virtue of prior [adoption and] use to any
            mark theretofore registered in the department.
                (ii)  In the case of a corporation having filed
            articles of dissolution or a decree of dissolution, any
            person may, at any time at least three years thereafter,
            present a petition to the department setting forth such
            fact.
                (iii)  In the case of a person not having filed
            articles of dissolution or a decree of dissolution, but
            having discontinued or gone out of the business to which
            such registration is pertinent.
                (iv)  When a registered mark has been abandoned or
            discontinued for a period of at least five years
            subsequent to registration and such abandonment and
            nonuse still persists.
        In all circumstances enumerated in this paragraph, any person
        may present a petition for cancellation to the department.
        The petition shall set forth the pertinent facts relative
        thereto, and shall contain proof of service of notice of the
        petition on the person in whose name the registration is
        recorded, and asking that such registration be cancelled. The
        department shall fix a time to hear the parties concerned in
        the matter, and shall send, by certified mail, a notice of
        hearing to the person in whose name such registration is
        recorded. If, after hearing, the department is satisfied of
        the truth of the facts alleged in the petition in accordance
        with the provisions of this paragraph, it shall cancel the
        registration.
        (b)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
      § 1121.  Damages for fraudulent registration.
        Any person who shall, for himself or herself or on behalf of
     any other person, procure the filing or registration of any mark
     in the department under this chapter by knowingly making any
     false or fraudulent representation or declaration, [verbally]
     orally or in writing, or by any other fraudulent means, shall be
     liable to pay all damages sustained in consequence of such
     filing or registration, to be recovered by or on behalf of the
     party injured thereby in any court of competent jurisdiction.
      § 1123.  Infringement.
        (a)  General rule.--Subject to the provisions of section 1126
     (relating to common law rights), any person who shall:
            (1)  use, without the consent of the registrant, any
        reproduction, counterfeit, copy or colorable imitation of a
        mark registered under this chapter in connection with the
        sale, offering for sale or advertising of any goods or
        services in a manner likely to cause confusion or mistake or
        to deceive as to the source of origin of such goods or
        services; or
            (2)  reproduce, counterfeit, copy or colorably imitate
        any such mark and apply such reproduction, counterfeit, copy
        or colorable imitation to labels, signs, prints, packages,
        wrappers, receptacles or advertisements intended to be used
        in connection with the sale or other distribution in this
        Commonwealth of such goods or services;
     shall be liable to a civil action by the [owner of such
     registered mark] registrant for any or all of the remedies
     provided in section 1125 (relating to remedies), except that
     under paragraph (2) the registrant shall not be entitled to
     recover profits or damages unless the acts have been committed
     with [knowledge that such mark is intended to be used] the
     intent to cause confusion or mistake or to deceive.
        (b)  Exception.--The provisions of subsection (a) shall not
     apply to any advertising agency, publisher of newspapers,
     magazines or other advertising media accepting authorization for
     the reproduction or copy of any such mark innocently and in good
     faith in the usual course of business.
      § 1124.  Injury to business or reputation; dilution.
        [Likelihood of injury to business reputation or of dilution
     of the distinctive quality of a mark registered under this
     chapter, or a mark valid at common law, or a trade name valid at
     common law, shall be a ground for injunctive relief
     notwithstanding the absence of competition between the parties
     or the absence of confusion as to the source of goods or
     services.]
        The owner of a mark which is famous in this Commonwealth
     shall be entitled, subject to the principles of equity and upon
     such terms as the court deems reasonable, to an injunction
     against another person's commercial use of a mark or trade name
     if such use begins after the mark has become famous and causes
     dilution of the distinctive quality of the mark, and to obtain
     such other relief as is provided in this section. In determining
     whether a mark is distinctive and famous, a court may consider
     factors such as, but not limited to:
            (1)  The degree of inherent or acquired distinctiveness
        of the mark in this Commonwealth.
            (2)  The duration and extent of use of the mark in
        connection with the goods and services with which the mark is
        used.
            (3)  The duration and extent of advertising and publicity
        of the mark in this Commonwealth.
            (4)  The geographical extent of the trading area in which
        the mark is used.
            (5)  The channels of trade for the goods or services with
        which the mark is used.
            (6)  The degree of recognition of the mark in the trading
        areas and channels of trade in this Commonwealth used by the
        mark's owner and the person against whom the injunction is
        sought.
            (7)  The nature and extent of use of the same or similar
        marks by third parties.
            (8)  Whether the mark is the subject of a registration in
        this Commonwealth or a Federal registration under the act of
        March 3, 1881 (21 Stat. 502) or the act of February 20, 1905
        (33 Stat. 724), repealed by the Trademark Act of 1946 (60
        Stat. 427, 15 U.S.C. § 1051 et seq.), or on the principal
        register.
     In an action brought under this section, the owner of a famous
     mark shall be entitled only to injunctive relief in this
     Commonwealth unless the person against whom the injunctive
     relief is sought willfully intended to trade on the owner's
     reputation or to cause dilution of the famous mark. If such
     willful intent is proven, the owner shall also be entitled to
     the remedies set forth in this chapter, subject to the
     discretion of the court and the principles of equity. The
     following shall not be actionable under this section:
            (1)  Fair use of a famous mark by another person in
        comparative commercial advertising or promotion to identify
        the competing goods or services of the owner of the famous
        mark.
            (2)  Noncommercial use of a mark.
            (3)  All forms of news reporting and news commentary.
      § 1125.  Remedies.
        (a)  General rule.--Any owner of a mark registered under this
     chapter may proceed by suit to enjoin the manufacture, use,
     display or sale of any counterfeits or imitations thereof, and
     any court of competent jurisdiction may grant injunctions to
     restrain such manufacture, use, display or sale as may be by the
     court deemed just and reasonable, and may, except as provided in
     section 1123 (relating to infringement), require the defendants
     to pay to such owner all profits derived from and all damages
     suffered by reason of such wrongful manufacture, use, display or
     sale, and such court may also order that any such counterfeits
     or imitations in the possession or under the control of any
     defendant in such case be delivered to an officer of the court
     or to the complainant to be destroyed. The court, in its
     discretion, may enter judgment for an amount not to exceed three
     times such profits and damages and/or reasonable attorney fees
     of the prevailing party in such cases where the court finds the
     other party committed such wrongful acts with knowledge or in
     bad faith or otherwise as according to the circumstances of the
     case.
        (b)  Exception.--No owner of such a mark shall have such
     right of injunction against an advertising agency, publisher of
     newspapers, magazines or other advertising media accepting
     authorization for the reproduction or copy of any such mark
     innocently and in good faith in the usual course of business.
        (c)  Criminal prosecutions unaffected.--The enumeration of
     any right or remedy in this chapter shall not affect the right
     of a registrant to prosecute under Title 18 (relating to crimes
     and offenses).
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 18th day of June, A. D. 1998.

     THOMAS J. RIDGE