Assembly Bill A1576

2019-2020 Legislative Session

Relates to trademark remedies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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

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2019-A1576 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6461
2021-2022: A3811
2023-2024: A2501

2019-A1576 (ACTIVE) - Summary

Relates to trademark remedies and increasing the penalty for willful infringement to three times profits and damages.

2019-A1576 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1576
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  VANEL, DICKENS, MOSLEY, HYNDMAN, RA, GIGLIO,
   COOK, SEAWRIGHT, D'URSO -- Multi-Sponsored by -- M. of A. LAWRENCE  --
   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 here-
 in  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.
                                                            LBD00852-01-9

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