Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2013 |
referred to rules delivered to senate passed assembly |
Jun 20, 2013 |
ordered to third reading rules cal.687 rules report cal.687 reported |
Jun 19, 2013 |
reported referred to rules |
Jun 11, 2013 |
print number 1652a |
Jun 11, 2013 |
amend and recommit to codes |
Jan 09, 2013 |
referred to codes |
Assembly Bill A1652
2013-2014 Legislative Session
Sponsored By
MAISEL
Archive: Last Bill Status - In Senate Committee Rules 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
Bill Amendments
co-Sponsors
Sam Roberts
Earlene Hooper
multi-Sponsors
Steven Englebright
2013-A1652 - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §360-m, Gen Bus L; amd §165.74, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10813
2011-2012: A6248
2013-A1652 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1652 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Sam Roberts
Earlene Hooper
multi-Sponsors
Steven Englebright
2013-A1652A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §360-m, Gen Bus L; amd §165.74, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10813
2011-2012: A6248
2013-A1652A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1652--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. MAISEL, ROBERTS, HOOPER -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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