Senate Bill S3793

2015-2016 Legislative Session

Relates to remedies for trademark dilution

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-S3793 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง360-l, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4107
2019-2020: S1585
2021-2022: S5195
2023-2024: S4718

2015-S3793 (ACTIVE) - Summary

Relates to remedies for trademark dilution.

2015-S3793 (ACTIVE) - Sponsor Memo

2015-S3793 (ACTIVE) - Bill Text download pdf 

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

                                  3793

                       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  remedies  for
  dilution

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

  Section 1. Section 360-l of the general  business  law,  as  added  by
chapter 319 of the laws of 1996, is amended to read as follows:
  S 360-l. Injury to business reputation; dilution. Likelihood of injury
to  business  reputation  or of dilution of the distinctive quality of a
mark or trade name shall be a ground for injunctive relief in  cases  of
infringement  of  a  mark  registered  or  not registered or in cases of
unfair competition, notwithstanding the absence of  competition  between
the  parties  or  the  absence of confusion as to the source of goods or
services. THE COURT, IN ITS DISCRETION, MAY ENTER JUDGMENT FOR AN AMOUNT
THREE TIMES SUCH PROFITS AND DAMAGES AND/OR REASONABLE  ATTORNEYS'  FEES
OF THE PREVAILING PARTY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08851-01-5

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