Assembly Bill A1652A

2013-2014 Legislative Session

Relates to the disposal of counterfeit products

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A1652 - Details

See Senate Version of this Bill:
S2020
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, S6966

2013-A1652 - Summary

Relates to the disposal of counterfeit products.

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

multi-Sponsors

2013-A1652A (ACTIVE) - Details

See Senate Version of this Bill:
S2020
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, S6966

2013-A1652A (ACTIVE) - Summary

Relates to the disposal of counterfeit products.

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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