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S3794Senate2015-2016 Session

Relates to increasing the remedy for trademark counterfeiting

Sponsor James Sanders Jr.SD-10Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3794

Title of bill

An act to amend the general business law, in relation to trademark remedies

Purpose or general idea of bill

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 specific provisions

relates to increasing the remedy for trademark counterfeiting

Justification

the court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and or reasonable attorney's 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

Prior legislative history

New Bill

Fiscal implications

none

Effective date

this act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.