What's happening
This bill creates new crimes for possessing counterfeit trademarks, with penalties increasing based on the quantity possessed.
Why it matters
Targets the supply chain of counterfeit goods. by criminalizing not just the sale or distribution, but also the mere possession of counterfeit trademarks, which could disrupt the early stages of counterfeit operations.
Introduces tiered penalties based on intent and scale. , meaning individuals possessing larger quantities of counterfeit trademarks face felony charges, potentially deterring organized counterfeiters and wholesalers rather than just low-level offenders.
Expands legal tools for enforcement agencies. , enabling prosecutors to act before counterfeit goods hit the market, possibly reducing consumer exposure to fake or unsafe products.
Signals increased protection for intellectual property rights holders. , which may encourage legitimate business investment and support brand owners seeking to safeguard their products.
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Who cares
Headline styles
Punish Counterfeit Trademark Possession
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5448
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of possession of a counterfeit trademark in the first, second and third degrees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding three new sections 165.75, 165.76 and 165.77 to read as follows: § 165.75 Possession of a counterfeit trademark in the third degree.
A person is guilty of possession of a counterfeit trademark in the third degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she possesses a counterfeit trademark knowing it to be counterfeit for the purpose of affixing it to any goods.
Possession of a counterfeit trademark in the third degree is a class A misdemeanor. § 165.76 Possession of a counterfeit trademark in the second degree.
A person is guilty of possession of a counterfeit trademark in the second degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she possesses more than one hundred counterfeit trademarks knowing them to be counterfeit for the purpose of affixing them to any goods.
Possession of a counterfeit trademark in the second degree is a class E felony. § 165.77 Possession of a counterfeit trademark in the first degree.
A person is guilty of possession of a counterfeit trademark in the first degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09535-01-7
A. 5448 2
resale, offering for sale, or distribution of goods, he or she possesses more than one thousand counterfeit trademarks knowing them to be counterfeit for the purpose of affixing them to any goods.
Possession of a counterfeit trademark in the first degree is a class C felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.