Bill Text: NY A02523 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for remedies for trademark dilution; allows the court, in its discretion, to enter judgment for an amount of three times such profits and damages and/or reasonable attorneys' fees of the prevailing party.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A02523 Detail]

Download: New_York-2023-A02523-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2523

                               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  remedies  for
          dilution

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 360-l of the general  business  law,  as  added  by
     2  chapter 319 of the laws of 1996, is amended to read as follows:
     3    § 360-l. Injury to business reputation; dilution. Likelihood of injury
     4  to  business  reputation  or of dilution of the distinctive quality of a
     5  mark or trade name shall be a ground for injunctive relief in  cases  of
     6  infringement  of  a  mark  registered  or  not registered or in cases of
     7  unfair competition, notwithstanding the absence of  competition  between
     8  the  parties  or  the  absence of confusion as to the source of goods or
     9  services. The court, in its discretion, may enter judgment for an amount
    10  three times such profits and damages and/or reasonable  attorneys'  fees
    11  of the prevailing party.
    12    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06214-01-3