senate Bill S2020A

Signed by Governor

Relates to the disposal of counterfeit products

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 27 / Feb / 2013
    • REPORTED AND COMMITTED TO CODES
  • 11 / Jun / 2013
    • AMEND AND RECOMMIT TO CODES
  • 11 / Jun / 2013
    • PRINT NUMBER 2020A
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 03 / Feb / 2014
    • REPORTED AND COMMITTED TO CODES
  • 29 / May / 2014
    • 1ST REPORT CAL.1044
  • 02 / Jun / 2014
    • 2ND REPORT CAL.
  • 03 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO CODES
  • 17 / Jun / 2014
    • SUBSTITUTED FOR A8907
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.284
  • 17 / Jun / 2014
    • PASSED ASSEMBLY
  • 17 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.507
  • 17 / Dec / 2014
    • APPROVAL MEMO.23

Summary

Relates to the disposal of counterfeit products.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8907
Versions:
S2020
S2020A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L; amd §165.74, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6966, A6248A, A9574
2009-2010: A10813, A10813
2013-2014: A1652A

Sponsor Memo

BILL NUMBER:S2020A

TITLE OF BILL: An act to amend the general business law and the penal
law, in relation to the disposal of counterfeit products

PURPOSE OF THE BILL:

Currently all seized counterfeit or imitation products must be
delivered to an officer of the court or to the complainant to be
destroyed. This bill would add the option for the court to donate
clothing products to recognized charitable organizations.

SUMMARY OF PROVISIONS/JUSTIFICATION:

The court would make the determination that the seized clothing
products may be donated; they could be given only to non-profit
corporations with an established history of service to indigent
individuals. These corporations would be able to petition the court
for consideration. The merchandise companies whose products have been
counterfeited would have to "opt-out" within 30 days of notice if they
did not want the seized clothing items donated. Otherwise after 30
days, the clothing items would be distributed by the court. These
items could not be sold be either the charity or by the individuals
who receive them. All distribute items would have the tags removed or
marked in such a way that they would not be confused with actual
products of the lawful mark owner. This bill would restrict donations
to clothing items.

PRIOR LEGISLATIVE HISTORY:

2010 - A 10813.
2011-12. A 6248-A.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act would take effect immediately.

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

                                 2020--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection  -- reported favorably from said committee and committed to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04354-03-3

S. 2020--A                          2

  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
DESPITE  HAVING RECEIVED THE NOTICE, THEN THE COURT SHALL TAKE THAT AS A
GRANTING OF CONSENT BY THE LAWFUL MARK OWNER THAT  THE  DONATION  SHOULD
PROCEED.
  3.  THE  COUNTERFEIT  OR  IMITATION  PRODUCTS  MAY  ONLY BE GIVEN TO A
NOT-FOR-PROFIT CORPORATION THAT HAS AN ESTABLISHED HISTORY OF  PROVIDING
GOODS  AND  SERVICES TO INDIGENT INDIVIDUALS. ORGANIZATIONS MAY PETITION
THE COURT TO BE CONSIDERED A RECIPIENT OF THE COUNTERFEIT  OR  IMITATION
PRODUCTS.  THE  JUDGE,  IN  HIS  OR HER SOLE DISCRETION, SHALL DETERMINE
WHETHER AN ORGANIZATION QUALIFIES PURSUANT TO THIS SUBDIVISION AND WHICH
ORGANIZATION SHALL RECEIVE THE COUNTERFEIT OR IMITATION PRODUCTS.
  4. ANY COUNTERFEIT OR IMITATION PRODUCTS RECEIVED BY  AN  ORGANIZATION
THROUGH  THIS  SECTION  MAY NOT BE SOLD BY THE ORGANIZATION, NOR MAY ANY
PERSON OR ENTITY IN POSSESSION  OF  ANY  OF  THESE  PRODUCTS  SELL  SUCH
PRODUCTS.
  5.  ANY  COUNTERFEIT OR IMITATION PRODUCTS RECEIVED BY AN ORGANIZATION
THROUGH THIS SECTION MUST HAVE THE PRODUCTS' TAGS REMOVED  OR  HAVE  THE
PRODUCTS  MARKED,  ALTERED,  IMPRINTED  OR  INDELIBLY  STAMPED  SO AS TO
PREVENT THEIR RESALE OR ANY CONFUSION WITH THE ACTUAL  PRODUCTS  OF  THE
LAWFUL MARK OWNER.
  6.  PROVIDED, HOWEVER, THAT THE ONLY COUNTERFEIT OR IMITATION PRODUCTS
THAT MAY BE DONATED PURSUANT TO THIS SECTION SHALL BE CLOTHING, AND  ALL
OTHER  COUNTERFEIT OR IMITATION PRODUCTS MUST BE DESTROYED IN ACCORDANCE
WITH THIS SECTION OR ANY OTHER PROVISION OF APPLICABLE LAW.
  S 2. Section 165.74 of the penal law, as amended by chapter 535 of the
laws of 1995, is amended to read as follows:
S 165.74 Seizure and DISTRIBUTION OR destruction of goods bearing  coun-
           terfeit trademarks.
  Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
produced in violation of this article may be seized by any police  offi-
cer.  The magistrate must, within forty-eight hours after arraignment of
the defendant, determine whether probable cause exists to  believe  that
the  goods had been manufactured, sold, offered for sale, distributed or
produced in violation of this article, and upon a finding that  probable
cause  exists  to  believe  that  the goods had been manufactured, sold,
offered for sale, distributed, or produced in violation of this article,
the court shall authorize such articles to be retained as evidence pend-
ing the trial of the defendant.  Upon conviction of the  defendant,  the
articles  in  respect  whereof  the  defendant stands convicted shall be
destroyed OR DONATED.  Destruction shall not include  auction,  sale  or
distribution  of the items in their original form. DONATION OF THE ITEMS
SHALL BE MADE AT THE COURT'S DISCRETION UPON  THE  REQUEST  OF  ANY  LAW
ENFORCEMENT  AGENCY  AND  PURSUANT TO THE RESTRICTIONS AND PROCEDURES OF
SECTION THREE HUNDRED SIXTY-M OF THE GENERAL BUSINESS LAW, FOR THE BENE-
FIT OF INDIGENT INDIVIDUALS.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.