Skip to content
S1585Senate2019-2020 SessionSame asA1765

Increase Trademark Damages

Official title

“Relates to remedies for trademark dilution”

Sponsor James Sanders Jr.SD-10Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

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

  1. 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.

  2. 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.

  3. 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.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Increase Trademark Damages

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Sanders Jr.

Senator · Senate District 10

Chair, Banks

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. 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.

A1765Assembly

Tougher Trademark Protection

In Assembly Committee · Economic Development · Sponsor Clyde Vanel

Impact 5 · Moderate0% to pass

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.