Assembly Bill A11191

2009-2010 Legislative Session

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees

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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

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2009-A11191 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง165.75, 165.76 & 165.77, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4166
2013-2014: A861
2015-2016: A3387
2017-2018: A5448

2009-A11191 (ACTIVE) - Summary

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

2009-A11191 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11191

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  possession of a counterfeit trademark in the first, second  and  third
  degrees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is  amended  by  adding  three  new  sections
165.75, 165.76 and 165.77 to read as follows:
S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
THIRD DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
A COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE  OF
AFFIXING IT TO ANY GOODS.
  POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A
MISDEMEANOR.
S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
SECOND DEGREE WHEN, WITH THE INTENT TO DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER-
FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
  POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A  CLASS
E FELONY.
S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
FIRST DEGREE WHEN, WITH THE INTENT TO  DECEIVE  OR  DEFRAUD  SOME  OTHER
PERSON  OR  WITH  THE  INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
MORE THAN ONE THOUSAND COUNTERFEIT TRADEMARKS KNOWING THEM TO  BE  COUN-
TERFEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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