Assembly Bill A8907

Signed By Governor
2013-2014 Legislative Session

Relates to the disposal of counterfeit products

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S2020 - Signed by Governor


  • 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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2013-A8907 (ACTIVE) - Details

See Senate Version of this Bill:
S2020
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-A8907 (ACTIVE) - Summary

Relates to the disposal of counterfeit products.

2013-A8907 (ACTIVE) - Bill Text download pdf

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

                                  8907

                          I N  A S S E M B L Y

                            February 28, 2014
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
INDIVIDUALS AND THAT THE DONATION WILL PROCEED UNLESS  THE  LAWFUL  MARK
OWNER  OBJECTS  TO  THE DONATION, IN WRITING. THE LAWFUL MARK OWNER WILL
HAVE THIRTY DAYS TO OBJECT TO THE COURT TO THE DONATION.  IF THE  LAWFUL
MARK  OWNER  DOES  NOT  OBJECT,  OR GIVES NO RESPONSE WITHIN THAT PERIOD

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

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