Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 21, 2010 |
referred to codes |
Assembly Bill A10813
2009-2010 Legislative Session
Sponsored By
MAISEL
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Annette Robinson
Frank Skartados
Linda Rosenthal
Hakeem Jeffries
multi-Sponsors
William A. Barclay
Clifford Crouch
Michael DenDekker
Ginny Fields
2009-A10813 (ACTIVE) - Details
2009-A10813 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10813 TITLE OF BILL: An act to amend the general business law and the penal law, in relation to the disposal of counterfeit products PURPOSE OR GENERAL IDEA OF BILL: Currently all seized counterfeit or imitation products must be delivered to an officer of the court or to the complainant to be destroyed. This bill would add the option for the court to donate these products to recognized charitable organizations. SUMMARY OF SPECIFIC PROVISIONS: Tithe court makes the determination that the seized products may be donated, they may be given only to non-profit corporations with an established history of service to indigent individ- uals. These corporations will be able to petition the court for consid- eration. The merchandise companies whose products have been counterfeit- ed must "opt-out" within 30 days of notice if they do not want the seized items donated. Otherwise, after 30 days the items will be distributed by the court. These items may not be sold by either the charity or by the individual who receives them. All distributed items must have the tags removed or marked in such a way that they will not be confused with actual products of the lawful mark owner. This bill restricts audiovisual works or electronic products from being dissem- inated. JUSTIFICATION: Each year there is a large amount of counterfeit merchan- dise which is seized by law enforcement and subsequently destroyed. This
2009-A10813 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10813 I N A S S E M B L Y April 21, 2010 ___________ Introduced by M. of A. MAISEL -- read once and referred to the Committee on Codes AN ACT to amend the general business law and the penal law, in relation to the disposal of counterfeit products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 360-m of the general business law, as added by chapter 319 of the laws of 1996, is amended to read as follows: S 360-m. Remedies. 1. Any owner of a mark registered under this arti- cle 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 said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such coun- terfeits 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 OR DONATED. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and/or reasonable attorneys' 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 this case. The enumeration of any right or remedy herein shall not affect a registrant's right to prose- cute under the penal law. 2. IF A COURT MAKES A DETERMINATION THAT THE COUNTERFEIT OR IMITATION PRODUCTS SHOULD BE DONATED, THEN NOTICE OF THAT DETERMINATION SHALL BE GIVEN TO THE LAWFUL MARK OWNER OF THE PRODUCTS. THE NOTICE SHALL STATE THAT THE COURT INTENDS TO DONATE THE SEIZED PRODUCTS TO HELP INDIGENT INDIVIDUALS AND THAT THE DONATION WILL PROCEED UNLESS THE LAWFUL MARK OWNER OBJECTS TO THE DONATION, IN WRITING. THE LAWFUL MARK OWNER WILL HAVE THIRTY (30) DAYS TO OBJECT TO THE COURT TO THE DONATION. IF THE LAWFUL MARK OWNER DOES NOT OBJECT, OR GIVES NO RESPONSE WITHIN THAT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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