S T A T E   O F   N E W   Y O R K
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                                   110

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to trademark counterfeiting

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

  Section 1. Section 165.71 of the penal law, as added by chapter 490 of
the laws of 1992, is amended to read as follows:
S 165.71 Trademark counterfeiting in the [third] FOURTH degree.
  A  person  is guilty of trademark counterfeiting in the [third] FOURTH
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  manufactures,
distributes,  sells,  or  offers for sale goods which bear a counterfeit
trademark, or possesses a trademark knowing it to be counterfeit for the
purpose of affixing it to any goods.
  Trademark counterfeiting in the [third] FOURTH degree  is  a  class  A
misdemeanor.
  S 2. Section 165.72 of the penal law, as amended by chapter 535 of the
laws of 1995, is amended to read as follows:
S 165.72 Trademark counterfeiting in the [second] THIRD degree.
  A  person  is guilty of trademark counterfeiting in the [second] 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  manufactures,
distributes,  sells,  or  offers for sale goods which bear a counterfeit
trademark, or possesses a trademark knowing it to be counterfeit for the
purpose of affixing it to any goods, and the retail value  of  all  such
goods  bearing  OR  INTENDED  TO BEAR counterfeit trademarks exceeds one
thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER-
FEIT TRADEMARKS EXCEEDS TWO HUNDRED.

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

                                                           LBD01857-01-5

S. 110                              2

  Trademark counterfeiting in the [second] THIRD degree  is  a  class  E
felony.
  S 3. Section 165.73 of the penal law, as amended by chapter 535 of the
laws of 1995, is amended to read as follows:
S 165.73 Trademark counterfeiting in the [first] SECOND degree.
  A  person  is guilty of trademark counterfeiting in the [first] 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 manufactures,
distributes, sells, or offers for sale goods which  bear  a  counterfeit
trademark, or possesses a trademark knowing it to be counterfeit for the
purpose  of  affixing  it to any goods, and the retail value of all such
goods bearing OR INTENDED TO BEAR counterfeit  trademarks  exceeds  [one
hundred  thousand  dollars]  TWENTY-FIVE  THOUSAND  DOLLARS OR THE TOTAL
NUMBERS OF ALL SUCH GOODS BEARING  COUNTERFEIT  TRADEMARKS  EXCEEDS  TWO
THOUSAND.
  Trademark counterfeiting in the [first] SECOND degree is a class [C] D
felony.
  S  4. Section 165.74 of the penal law is renumbered section 165.75 and
a new section 165.74 is added to read as follows:
S 165.74 TRADEMARK COUNTERFEITING IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF TRADEMARK COUNTERFEITING  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 MANUFACTURES, DISTRIBUTES,
SELLS,  OR  OFFERS FOR SALE GOODS WHICH BEAR A COUNTERFEIT TRADEMARK, OR
POSSESSES A TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR  THE  PURPOSE  OF
AFFIXING IT TO ANY GOODS, AND THE RETAIL VALUE OF ALL SUCH GOODS BEARING
OR  INTENDED TO BEAR COUNTERFEIT TRADEMARKS EXCEEDS ONE HUNDRED THOUSAND
DOLLARS OR THE TOTAL NUMBERS  OF  ALL  SUCH  GOODS  BEARING  COUNTERFEIT
TRADEMARKS EXCEEDS TEN THOUSAND.
  TRADEMARK COUNTERFEITING IN THE FIRST DEGREE IS A CLASS C FELONY.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.