New York S 6616: Increases the remedy for trademark counterfeiting

Bill Text

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S06616 Summary:

BILL NOS06616 

&nbsp

SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

&nbsp

MLTSPNSR

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Amd §360-m, Gen Bus L

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Increases the remedy for trademark counterfeiting by removing the cap and widening the scope.

Go to top S06616 Actions:

BILL NOS06616 

&nbsp

03/18/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS06616 Committee&nbspVotes:

Go to topS06616 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06616 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6616

 2025-2026 Regular Sessions

 IN SENATE

 March 18, 2025
 ___________

 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:

 1 Section 1. Subdivision 1 of section 360-m of the general business law,
 2 as amended by chapter 507 of the laws of 2014, is amended to read as
 3 follows:
 4 1. Any owner of a mark registered under this article may proceed by
 5 suit to enjoin the manufacture, use, display or sale of any counterfeits
 6 or imitations thereof and any court of competent jurisdiction may grant
 7 injunctions to restrain such manufacture, use, display or sale as may be
 8 by the said court deemed just and reasonable, and may require the
 9 defendants to pay to such owner all profits derived from and/or all
 10 damages suffered by reason of such wrongful manufacture, use, display or
 11 sale; and such court may also order that any such counterfeits or
 12 imitations in the possession or under the control of any defendant in
 13 such case be delivered to an officer of the court, or to the complain-
 14 ant, to be destroyed or donated. The court, in its discretion, may enter
 15 judgment for an amount [not to exceed] three times such profits and
 16 damages and/or reasonable attorneys' fees of the prevailing party [in
 17 such cases where the court finds the other party committed such wrongful
 18 acts with knowledge or in bad faith or otherwise as according to the
 19 circumstances of this case]. The enumeration of any right or remedy
 20 herein shall not affect a registrant's right to prosecute under the
 21 penal law.
 22 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10033-01-5

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