What's happening
This bill allows courts to award triple damages and reasonable attorneys' fees in business reputation or trademark dilution cases.
Why it matters
Significantly raises the financial risks for those found liable. of diluting a business’s trademark or reputation, as courts may now award damages up to three times the actual amount lost or gained, which could serve as a strong deterrent to potential infringers.
Empowers victims of trademark dilution or business reputation harm. by making it more feasible to pursue legal action, since reasonable attorneys' fees can be recovered if they prevail, lowering the out-of-pocket cost barrier for small businesses and individuals.
Shifts the balance of power in intellectual property disputes. by giving courts discretion to impose harsher penalties and fee awards, which could influence how aggressively companies protect their brands and how parties negotiate settlements.
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Who cares
Headline styles
Increase Trademark Damages
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
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 Trademark Protection
In Assembly Committee · Economic Development · Sponsor Clyde Vanel
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1585
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
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 remedies for dilution
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 360-l of the general business law, as added by chapter 319 of the laws of 1996, is amended to read as follows:
§ 360-l. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition, notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services. The court, in its discretion, may enter judgment for an amount three times such profits and damages and/or reasonable attorneys' fees of the prevailing party.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00851-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to remedies for dilution
Purpose
Injury to business reputation; dilution. Likelihood of injury to busi- ness reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringe- ment of a mark registered or not
Summary of provisions
Relates to remedies for trademark dilution
Existing law
New Legislation
Justification
The court, in its discretion, may enter judgment for an amount three times such profits and damages and or reasonable attorney's fees of the prevailing party
Legislative history
01/06/16 Referred to Consumer Protection 02/17/15 Referred to Consumer Protection
Fiscal implications
None
Local 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.