Expands the scope of the crime of trademark counterfeiting in the first degree to include persons who sell goods bearing a counterfeit trademark and such goods contain a representation regarding their safety and persons who were previously convicted of trademark counterfeiting in the first, second or third degree in the preceding ten years.
S T A T E O F N E W Y O R K
________________________________________________________________________
3382
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to trademark counterfeiting
in the first degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 165.73 of the penal law, as amended by chapter 535
of the laws of 1995, is amended to read as follows:
S 165.73 Trademark counterfeiting in the first degree.
A person is guilty of trademark counterfeiting in the first degree
when, with the intent to deceive or defraud some other person, or with
the intent to evade a lawful restriction on the sale, resale, offering
for sale, or distribution of goods, he or she manufactures, distributes,
sells, or offers for sale goods which bear a counterfeit trademark, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and:
1. SUCH GOODS CONTAIN A REPRESENTATION REGARDING THEIR SAFETY; OR
2. the retail value of all such goods bearing counterfeit trademarks
exceeds one hundred thousand dollars; OR
3. THE PERSON HAS PREVIOUSLY BEEN CONVICTED OF TRADEMARK COUNTERFEIT-
ING IN THE FIRST, SECOND OR THIRD DEGREE WITHIN THE PRECEDING TEN YEARS.
Trademark counterfeiting in the first degree is a class C felony.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06876-01-9
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