senate Bill S7541

2013-2014 Legislative Session

Relates to trademark counterfeiting

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1304
committee discharged and committed to rules
May 15, 2014 referred to codes

S7541 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§165.71, 165.72 & 165.73, add §165.74, Pen L

S7541 - Summary

Relates to trademark counterfeiting.

S7541 - Sponsor Memo

S7541 - Bill Text download pdf

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

                                  7541

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 trademark counterfeiting

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 165.71 of the penal law, as amended by chapter 490
of the laws of 1992, is amended to read as follows:
S 165.71 Trademark counterfeiting in the [third] FOURTH degree.
  A person is guilty of trademark counterfeiting in the  [third]  FOURTH
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 manufactures,
distributes, sells, or offers for sale goods which  bear  a  counterfeit
trademark, or possesses a trademark knowing it to be counterfeit for the
purpose of affixing it to any goods.
  Trademark  counterfeiting  in  the  [third] FOURTH degree is a class A
misdemeanor.
  S 2. Section 165.72 of the penal law, as amended by chapter 535 of the
laws of 1995, is amended to read as follows:
S 165.72 Trademark counterfeiting in the [second] THIRD degree.
  A person is guilty of trademark counterfeiting in the  [second]  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 manufactures,
distributes, sells, or offers for sale goods which  bear  a  counterfeit
trademark, or possesses a trademark knowing it to be counterfeit for the
purpose  of  affixing  it to any goods, and the retail value of all such
goods bearing OR INTENDED TO BEAR  counterfeit  trademarks  exceeds  one
thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER-
FEIT TRADEMARKS EXCEEDS TWO HUNDRED.
  Trademark  counterfeiting  in  the  [second] THIRD degree is a class E
felony.
  S 3. Section 165.73 of the penal law, as amended by chapter 535 of the
laws of 1995, is amended to read as follows:

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

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