Bill Text: NY A02501 | 2023-2024 | General Assembly | Introduced
Bill Title: Sets trademark remedies and increases the penalty for willful infringement to three times profits and damages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to economic development [A02501 Detail]
Download: New_York-2023-A02501-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2501 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Economic Development 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: 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 here- 20 in shall not affect a registrant's right to prosecute under the penal 21 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. LBD06198-01-3