What's happening
This bill updates and expands New York's trademark counterfeiting laws, creating stricter penalties and adding a new first-degree offense.
Why it matters
Creates a new, more severe first-degree trademark counterfeiting charge. for cases involving either over $100,000 in retail value of counterfeit goods or more than 10,000 items, signaling a focus on large-scale counterfeit operations.
Lowers the thresholds for existing felony counterfeiting charges. (second degree now starts at $25,000 or 2,000 items, third degree at $1,000 or 200 items), making it easier for prosecutors to bring felony rather than misdemeanor charges in more cases.
Expands what can be counted toward the offense. by including not only goods that actually bear a counterfeit trademark, but also those "intended to bear" one—broadening prosecutorial reach to items that haven't yet been labeled.
Increases potential penalties for offenders. by both expanding the scope of criminal liability and reclassifying the seriousness of offenses, which could have greater deterrent effects and more significant consequences for those involved in counterfeit trade.
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Tougher Counterfeit Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Counterfeits
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Section 165.71 of the penal law, as added by chapter 490 of the laws of 1992, is amended to read as follows: § 165.71 Trademark counterfeiting in the [third] fourth degree.
A person is guilty of trademark counterfeiting in the [third] fourth 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 manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods.
Trademark counterfeiting in the [third] fourth degree is a class A misdemeanor.
§ 2. Section 165.72 of the penal law, as amended by chapter 535 of the laws of 1995, is amended to read as follows: § 165.72 Trademark counterfeiting in the [second] third degree.
A person is guilty of trademark counterfeiting in the [second] 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 manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing or intended to bear counterfeit trademarks exceeds one thousand dollars or the total numbers of all such goods bearing counterfeit trademarks exceeds two hundred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01153-01-9
A. 918 2
Trademark counterfeiting in the [second] third degree is a class E felony.
§ 3. Section 165.73 of the penal law, as amended by chapter 535 of the laws of 1995, is amended to read as follows: § 165.73 Trademark counterfeiting in the [first] second degree.
A person is guilty of trademark counterfeiting in the [first] 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 manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing or intended to bear counterfeit trademarks exceeds [one hundred thousand dollars] twenty-five thousand dollars or the total numbers of all such goods bearing counterfeit trademarks exceeds two thousand.
Trademark counterfeiting in the [first] second degree is a class [C] D felony.
§ 4. Section 165.74 of the penal law is renumbered section 165.75 and a new section 165.74 is added to read as follows: § 165.74 Trademark counterfeiting in the first degree.
A person is guilty of trademark counterfeiting 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, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing or intended to bear counterfeit trademarks exceeds one hundred thousand dollars or the total numbers of all such goods bearing counterfeit trademarks exceeds ten thousand.
Trademark counterfeiting in the first degree is a class C felony.
§ 5. 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.
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