BILL NUMBER: S6616
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the general business law, in relation to trademark reme-
dies
 
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:
2021-22 REFERRED TO SENATE CONSUMER PROTECTION
2021-22 referred to assembly economic development
2019-20 REFERRED TO SENATE CONSUMER PROTECTION
2019-20 referred to assembly economic development
 
FISCAL IMPLICATIONS:
None
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S6616: 360-m general business law, 360-m(1) general business law