senate Bill S6966

2011-2012 Legislative Session

Relates to the disposal of counterfeit products

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 reported and committed to codes
Apr 17, 2012 referred to consumer protection

Votes

view votes

May 21, 2012 - Consumer Protection committee Vote

S6966
7
0
committee
7
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 21, 2012

aye wr (2)
excused (1)

S6966 - Details

See Assembly Version of this Bill:
A6248A
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L; amd §165.74, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A10813

S6966 - Summary

Relates to the disposal of counterfeit products.

S6966 - Sponsor Memo

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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