S T A T E O F N E W Y O R K
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4166
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
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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 establishing the crimes of
possession of a counterfeit trademark in the first, second and third
degrees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding three new sections
165.75, 165.76 and 165.77 to read as follows:
S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE.
A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
THIRD 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 POSSESSES
A COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE OF
AFFIXING IT TO ANY GOODS.
POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A
MISDEMEANOR.
S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE.
A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE
SECOND 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 POSSESSES
MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER-
FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A CLASS
E FELONY.
S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE.
A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05052-01-1
A. 4166 2
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES
MORE THAN ONE THOUSAND COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUN-
TERFEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS.
POSSESSION OF A COUNTERFEIT TRADEMARK 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.