|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 21, 2012||reported and committed to codes|
|Apr 17, 2012||referred to consumer protection|
senate Bill S6966
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6966 - Details
S6966 - Sponsor Memo
BILL NUMBER:S6966 TITLE OF BILL: An act to amend the general business law and the penal law, in relation to the disposal of counterfeit products PURPOSE: 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: The court would make the determination that the seized clothing products may be donated; they could be given only to nonprofit 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, the clothing items would be distributed by the court. These items could not be sold by either the charity or by the individuals who receive them. All distributed 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.
S6966 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6966 I N S E N A T E April 17, 2012 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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