Senate Bill S3794

2015-2016 Legislative Session

Relates to increasing the remedy for trademark counterfeiting

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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2015-S3794 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง360-m, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3366
2019-2020: S2111
2021-2022: S3247
2023-2024: S4775

2015-S3794 (ACTIVE) - Summary

Relates to increasing the remedy for trademark counterfeiting.

2015-S3794 (ACTIVE) - Sponsor Memo

2015-S3794 (ACTIVE) - Bill Text download pdf 

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

                                  3794

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to trademark reme-
  dies

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

  Section 1. Subdivision 1 of section 360-m of the general business law,
as  amended  by  chapter  507 of the laws of 2014, is amended to read as
follows:
  1. Any owner of a mark registered under this article  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  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  complain-
ant, 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 prosecute under the
penal law.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08850-01-5

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