Senate Bill S3791

2015-2016 Legislative Session

Relates to trademark remedies

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-S3791 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S3607

2015-S3791 (ACTIVE) - Summary

Relates to trademark remedies and increasing the penalty for willful infringement to three times profits and damages.

2015-S3791 (ACTIVE) - Sponsor Memo

2015-S3791 (ACTIVE) - Bill Text download pdf 

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

                                  3791

                       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 here-
in 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.
                                                           LBD08810-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.