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 |
Jun 11, 2013 |
amend and recommit to codes |
Feb 27, 2013 |
reported and committed to codes |
Jan 09, 2013 |
referred to consumer protection |
Senate Bill S2020A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C) 53rd Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2013-S2020 - Details
2013-S2020 - Sponsor Memo
BILL NUMBER:S2020 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 cloth- ing 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 indi- gent 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 distrib- uted 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. This bill would restrict donations to clothing items. LEGISLATIVE HISTORY: Similar to S.3660 of 2011-12. FISCAL IMPLICATIONS: None.
2013-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
(R, C, IP) Senate District
2013-S2020A (ACTIVE) - Details
2013-S2020A (ACTIVE) - Sponsor Memo
BILL NUMBER:S2020A TITLE OF BILL: An act to amend the general business law and the penal law, in relation to the disposal of counterfeit products PURPOSE OF THE BILL: 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/JUSTIFICATION: The court would make the determination that the seized clothing products may be donated; they could be given only to non-profit 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 of notice if they did not want the seized clothing items donated. Otherwise after 30 days, the clothing items would be distributed by the court. These items could not be sold be either the charity or by the individuals who receive them. All distribute 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. This bill would restrict donations
2013-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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