senate Bill S2020A

Signed By Governor
2013-2014 Legislative Session

Relates to the disposal of counterfeit products

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 approval memo.23
signed chap.507
Dec 05, 2014 delivered to governor
Jun 17, 2014 returned to senate
passed assembly
ordered to third reading rules cal.284
substituted for a8907
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1044
Feb 03, 2014 reported and committed to codes
Jan 08, 2014 referred to consumer protection
Jun 11, 2013 print number 2020a
amend and recommit to codes
Feb 27, 2013 reported and committed to codes
Jan 09, 2013 referred to consumer protection

Votes

view votes

May 29, 2014 - Codes committee Vote

S2020A
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 29, 2014

aye wr (1)

Feb 3, 2014 - Consumer Protection committee Vote

S2020A
7
1
committee
7
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Feb 3, 2014

nay (1)
aye wr (2)

Feb 27, 2013 - Consumer Protection committee Vote

S2020
7
2
committee
7
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 27, 2013

nay (2)
aye wr (2)

Co-Sponsors

S2020 - Details

See Assembly Version of this Bill:
A8907
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L; amd §165.74, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6966, A6248A, A9574
2009-2010: A10813
2013-2014: A1652A

S2020 - Summary

Relates to the disposal of counterfeit products.

S2020 - Sponsor Memo

S2020 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2020

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, GOLDEN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S2020A (ACTIVE) - Details

See Assembly Version of this Bill:
A8907
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L; amd §165.74, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6966, A6248A, A9574
2009-2010: A10813
2013-2014: A1652A

S2020A (ACTIVE) - Summary

Relates to the disposal of counterfeit products.

S2020A (ACTIVE) - Sponsor Memo

S2020A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2020--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection  -- reported favorably from said committee and committed to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04354-03-3

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