S T A T E O F N E W Y O R K
________________________________________________________________________
6418
2017-2018 Regular Sessions
I N A S S E M B L Y
March 7, 2017
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to trademark reme-
dies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 360-m of the general business law,
as amended by chapter 507 of the laws of 2014, is amended to read as
follows:
1. Any owner of a mark registered under this article 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 counterfeits 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 complain-
ant, 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 prosecute under the
penal law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02070-01-7