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Senate Bill S4718

2023-2024 Legislative Session

Provides for remedies for trademark dilution

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Sponsored By

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

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2023-S4718 (ACTIVE) - Details

See Assembly Version of this Bill:
A2523
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §360-l, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3793
2017-2018: S4107, A6460
2019-2020: S1585, A1765
2021-2022: S5195, A3879
2025-2026: S6644, A7718

2023-S4718 (ACTIVE) - Summary

Provides for remedies for trademark dilution; allows the court, in its discretion, to enter judgment for an amount of three times such profits and damages and/or reasonable attorneys' fees of the prevailing party.

2023-S4718 (ACTIVE) - Sponsor Memo

2023-S4718 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4718
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 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  remedies  for
   dilution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 360-l of the general  business  law,  as  added  by
 chapter 319 of the laws of 1996, is amended to read as follows:
   § 360-l. Injury to business reputation; dilution. Likelihood of injury
 to  business  reputation  or of dilution of the distinctive quality of a
 mark or trade name shall be a ground for injunctive relief in  cases  of
 infringement  of  a  mark  registered  or  not registered or in cases of
 unfair competition, notwithstanding the absence of  competition  between
 the  parties  or  the  absence of confusion as to the source of goods or
 services. THE COURT, IN ITS DISCRETION, MAY ENTER JUDGMENT FOR AN AMOUNT
 THREE TIMES SUCH PROFITS AND DAMAGES AND/OR REASONABLE  ATTORNEYS'  FEES
 OF THE PREVAILING PARTY.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06214-01-3

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