Bill Text: NY A01643 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to increasing the remedy for trademark counterfeiting by removing the cap and widening the scope.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-16 - referred to economic development [A01643 Detail]

Download: New_York-2019-A01643-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 16, 2019
          --  Multi-Sponsored  by -- M. of A. LAWRENCE -- read once and referred
          to the Committee on Economic Development
        AN ACT to amend the general business law, in relation to trademark reme-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 360-m of the general business law,
     2  as  amended  by  chapter  507 of the laws of 2014, is amended to read as
     3  follows:
     4    1. Any owner of a mark registered under this article  may  proceed  by
     5  suit to enjoin the manufacture, use, display or sale of any counterfeits
     6  or  imitations thereof and any court of competent jurisdiction may grant
     7  injunctions to restrain such manufacture, use, display or sale as may be
     8  by the said court deemed  just  and  reasonable,  and  may  require  the
     9  defendants  to  pay  to  such  owner all profits derived from and/or all
    10  damages suffered by reason of such wrongful manufacture, use, display or
    11  sale; and such court may  also  order  that  any  such  counterfeits  or
    12  imitations  in  the  possession or under the control of any defendant in
    13  such case be delivered to an officer of the court, or to  the  complain-
    14  ant, to be destroyed or donated. The court, in its discretion, may enter
    15  judgment  for  an  amount  [not  to exceed] three times such profits and
    16  damages and/or reasonable attorneys' fees of the  prevailing  party  [in
    17  such cases where the court finds the other party committed such wrongful
    18  acts  with  knowledge  or  in bad faith or otherwise as according to the
    19  circumstances of this case]. The enumeration  of  any  right  or  remedy
    20  herein  shall  not  affect  a  registrant's right to prosecute under the
    21  penal law.
    22    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.