| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 04, 2012 |
referred to codes |
| Mar 31, 2011 |
referred to codes |
Senate Bill S4374
2011-2012 Legislative Session
Sponsored By
(R, C) 24th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2011-S4374 (ACTIVE) - Details
2011-S4374 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4374
TITLE OF BILL:
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
PURPOSE:
To increase the penalties for possessing counterfeit
product-labels for fake goods.
SUMMARY OF PROVISIONS:
This legislation would increase the penalties
for the possession of counterfeit trademarks, including, for example,
Product-labels.
LEGISLATIVE HISTORY:
2010: A.11191 - Referred to Codes.
JUSTIFICATION:
Trademark counterfeiting is a serious problem which is
reportedly getting worse. The counterfeit goods trade comprises the
sale of so-called knock-offs of brand-name products as well as
pirated intellectual property, including "bootleg" DVDs.
It has been estimated that this illicit trade takes billions of
2011-S4374 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4374
2011-2012 Regular Sessions
I N S E N A T E
March 31, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed 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
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