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Senate Bill S3247

2021-2022 Legislative Session

Permits the increase of the remedy for trademark counterfeiting

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S3247 (ACTIVE) - Details

See Assembly Version of this Bill:
A3831
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §360-m, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3794
2017-2018: S3366, A6418
2019-2020: S2111, A1643
2023-2024: S4775
2025-2026: S6616

2021-S3247 (ACTIVE) - Summary

Relates to increasing the remedy for trademark counterfeiting by removing the cap and widening the scope.

2021-S3247 (ACTIVE) - Sponsor Memo

2021-S3247 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3247
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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, 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.
                                                            LBD03109-01-1

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