Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to consumer protection |
Feb 14, 2023 |
referred to consumer protection |
Senate Bill S4775
2023-2024 Legislative Session
Sponsored By
(D) 10th Senate District
Current Bill Status - In Senate Committee Consumer Protection 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
Actions
2023-S4775 (ACTIVE) - Details
- 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
2019-2020: S2111
2021-2022: S3247
2023-S4775 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4775 SPONSOR: SANDERS TITLE OF BILL: An act to amend the general business law, in relation to trademark reme- dies PURPOSE: Any owner of a mark register 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 SUMMARY OF PROVISIONS: Relates to increasing the remedy for trademark counterfeiting
2023-S4775 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4775 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 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. LBD06270-01-3
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