New York A 918: Relates to trademark counterfeiting

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                           918
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation to trademark counterfeiting
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 165.71 of the penal law, as added by chapter 490 of
     2  the laws of 1992, is amended to read as follows:
     3  § 165.71 Trademark counterfeiting in the []  degree.thirdfourth
     4    A  person  is guilty of trademark counterfeiting in the [] thirdfourth
     5  degree when, with the intent to deceive or defraud some other person  or
     6  with  the  intent  to  evade  a  lawful restriction on the sale, resale,
     7  offering for sale, or distribution of goods,  he  or  she  manufactures,
     8  distributes,  sells,  or  offers for sale goods which bear a counterfeit
     9  trademark, or possesses a trademark knowing it to be counterfeit for the
    10  purpose of affixing it to any goods.
    11    Trademark counterfeiting in the []  degree  is  a  class  Athirdfourth
    12  misdemeanor.
    13    § 2. Section 165.72 of the penal law, as amended by chapter 535 of the
    14  laws of 1995, is amended to read as follows:
    15  § 165.72 Trademark counterfeiting in the []  degree.secondthird
    16    A  person  is guilty of trademark counterfeiting in the [] secondthird
    17  degree when, with the intent to deceive or defraud some other person  or
    18  with  the  intent  to  evade  a  lawful restriction on the sale, resale,
    19  offering for sale, or distribution of goods,  he  or  she  manufactures,
    20  distributes,  sells,  or  offers for sale goods which bear a counterfeit
    21  trademark, or possesses a trademark knowing it to be counterfeit for the
    22  purpose of affixing it to any goods, and the retail value  of  all  such
    23  goods  bearing   counterfeit trademarks exceeds oneor  intended  to bear
    24  thousand dollars or the total numbers of all such goods bearing counter-
    25  .feit trademarks exceeds two hundred
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD01153-01-9

        A. 918                              2
     1    Trademark counterfeiting in the []  degree  is  a  class  Esecondthird
     2  felony.
     3    § 3. Section 165.73 of the penal law, as amended by chapter 535 of the
     4  laws of 1995, is amended to read as follows:
     5  § 165.73 Trademark counterfeiting in the []  degree.firstsecond
     6    A  person  is guilty of trademark counterfeiting in the [] firstsecond
     7  degree when, with the intent to deceive or defraud some other person, or
     8  with the intent to evade a  lawful  restriction  on  the  sale,  resale,
     9  offering  for  sale,  or  distribution of goods, he or she manufactures,
    10  distributes, sells, or offers for sale goods which  bear  a  counterfeit
    11  trademark, or possesses a trademark knowing it to be counterfeit for the
    12  purpose  of  affixing  it to any goods, and the retail value of all such
    13  goods bearing  counterfeit  trademarks  exceeds  [or intended to bearone
    14  ]  hundred  thousand  dollarstwenty-five  thousand  dollars or the total
    15  numbers of all such goods bearing  counterfeit  trademarks  exceeds  two
    16  .thousand
    17    Trademark counterfeiting in the []  degree is a class [] firstsecondCD
    18  felony.
    19    §  4. Section 165.74 of the penal law is renumbered section 165.75 and
    20  a new section 165.74 is added to read as follows:
    21  § 165.74 Trademark counterfeiting in the first degree.
    22    A person is guilty of trademark counterfeiting  in  the  first  degree
    23  when,  with  the intent to deceive or defraud some other person, or with
    24  the intent to evade a lawful restriction on the sale,  resale,  offering
    25  for sale, or distribution of goods, he or she manufactures, distributes,
    26  sells,  or  offers for sale goods which bear a counterfeit trademark, or
    27  possesses a trademark knowing it to be counterfeit for  the  purpose  of
    28  affixing it to any goods, and the retail value of all such goods bearing
    29  or  intended to bear counterfeit trademarks exceeds one hundred thousand
    30  dollars or the total numbers  of  all  such  goods  bearing  counterfeit
    31  trademarks exceeds ten thousand.
    32    Trademark counterfeiting in the first degree is a class C felony.