Assembly Bill A2523

2023-2024 Legislative Session

Provides for remedies for trademark dilution

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A2523 (ACTIVE) - Details

See Senate Version of this Bill:
S4718
Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §360-l, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3793
2017-2018: A6460, S4107
2019-2020: A1765, S1585
2021-2022: A3879, S5195

2023-A2523 (ACTIVE) - Summary

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.

2023-A2523 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2523
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. Section 360-l of the general  business  law,  as  added  by
 chapter 319 of the laws of 1996, is amended to read as follows:
   § 360-l. Injury to business reputation; dilution. Likelihood of injury
 to  business  reputation  or of dilution of the distinctive quality of a
 mark or trade name shall be a ground for injunctive relief in  cases  of
 infringement  of  a  mark  registered  or  not registered or in cases of
 unfair competition, notwithstanding the absence of  competition  between
 the  parties  or  the  absence of confusion as to the source of goods or
 services. THE COURT, IN ITS DISCRETION, MAY ENTER JUDGMENT FOR AN AMOUNT
 THREE TIMES SUCH PROFITS AND DAMAGES AND/OR REASONABLE  ATTORNEYS'  FEES
 OF THE PREVAILING PARTY.
   § 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.