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S2111Senate2019-2020 SessionSame asA1643

Increase Counterfeit Penalties

Official title

“Relates to permitting the increase of the remedy for trademark counterfeiting”

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 up to triple damages and attorney fees in trademark infringement cases without requiring proof of bad faith.

Why it matters

  1. Increases potential financial risk for infringers. By allowing courts to award up to triple damages and attorney fees without requiring proof of bad faith, the law significantly raises the stakes for anyone found liable for trademark infringement, potentially deterring would-be violators.

  2. Lowers the burden of proof for trademark owners. Trademark holders no longer need to prove that the infringement was committed with knowledge or bad faith to receive enhanced damages or attorney fees, making it easier and less costly for them to pursue and win cases.

  3. May lead to more aggressive enforcement and litigation. With the prospect of higher recoveries and easier access to attorney fees, trademark owners might be more inclined to file lawsuits, impacting business practices and potentially increasing the number of infringement claims.

  4. Changes the balance of power in trademark disputes. The amendment tips the scales in favor of trademark owners, providing them with stronger legal remedies and possibly affecting how businesses approach branding and intellectual property compliance in New York.

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Who cares

Headline styles

Increase Counterfeit Penalties

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.

A1643Assembly

Increase Trademark Counterfeit Penalties

In Assembly Committee · Economic Development · Sponsor Clyde Vanel

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2111

2019-2020 Regular Sessions

IN SENATE

January 22, 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 trademark remedies

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 360-m of the general business law, as amended by chapter 507 of the laws of 2014, is amended to read as follows:

1. Any owner of a mark registered 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, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed or donated. The court, in its discretion, may enter judgment for an amount [not to exceed] three times such profits and damages and/or reasonable attorneys' 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]. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under the penal law.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00848-01-9

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 trademark remedies

Purpose

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 provisions

Relates to increasing the remedy for trademark counterfeiting

Existing law

New law

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

Legislative history

2015 Referred to Consumer Protection 2016 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.