Bill Text: NY S00597 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to trademark counterfeiting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00597 Detail]

Download: New_York-2019-S00597-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           597
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed 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  Assem-
        bly, do enact as follows:
     1    Section 1. Section 165.71 of the penal law, as added by chapter 490 of
     2  the laws of 1992, is amended to read as follows:
     3  § 165.71 Trademark counterfeiting in the [third] fourth degree.
     4    A  person  is guilty of trademark counterfeiting in the [third] fourth
     5  degree when, with the intent to deceive or defraud some other person  or
     6  with  the  intent  to  evade  a  lawful restriction on the sale, resale,
     7  offering for sale, or distribution of goods,  he  or  she  manufactures,
     8  distributes,  sells,  or  offers for sale goods which bear a counterfeit
     9  trademark, or possesses a trademark knowing it to be counterfeit for the
    10  purpose of affixing it to any goods.
    11    Trademark counterfeiting in the [third] fourth degree  is  a  class  A
    12  misdemeanor.
    13    § 2. Section 165.72 of the penal law, as amended by chapter 535 of the
    14  laws of 1995, is amended to read as follows:
    15  § 165.72 Trademark counterfeiting in the [second] third degree.
    16    A  person  is guilty of trademark counterfeiting in the [second] third
    17  degree when, with the intent to deceive or defraud some other person  or
    18  with  the  intent  to  evade  a  lawful restriction on the sale, resale,
    19  offering for sale, or distribution of goods,  he  or  she  manufactures,
    20  distributes,  sells,  or  offers for sale goods which bear a counterfeit
    21  trademark, or possesses a trademark knowing it to be counterfeit for the
    22  purpose of affixing it to any goods, and the retail value  of  all  such
    23  goods  bearing  or  intended  to bear counterfeit trademarks exceeds one
    24  thousand dollars or the total numbers of all such goods bearing counter-
    25  feit trademarks exceeds two hundred.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01153-01-9
        S. 597                              2
     1    Trademark counterfeiting in the [second] third degree  is  a  class  E
     2  felony.
     3    § 3. Section 165.73 of the penal law, as amended by chapter 535 of the
     4  laws of 1995, is amended to read as follows:
     5  § 165.73 Trademark counterfeiting in the [first] second degree.
     6    A  person  is guilty of trademark counterfeiting in the [first] second
     7  degree when, with the intent to deceive or defraud some other person, or
     8  with the intent to evade a  lawful  restriction  on  the  sale,  resale,
     9  offering  for  sale,  or  distribution of goods, he or she manufactures,
    10  distributes, sells, or offers for sale goods which  bear  a  counterfeit
    11  trademark, or possesses a trademark knowing it to be counterfeit for the
    12  purpose  of  affixing  it to any goods, and the retail value of all such
    13  goods bearing or intended to bear counterfeit  trademarks  exceeds  [one
    14  hundred  thousand  dollars]  twenty-five  thousand  dollars or the total
    15  numbers of all such goods bearing  counterfeit  trademarks  exceeds  two
    16  thousand.
    17    Trademark counterfeiting in the [first] second degree is a class [C] D
    18  felony.
    19    §  4. Section 165.74 of the penal law is renumbered section 165.75 and
    20  a new section 165.74 is added to read as follows:
    21  § 165.74 Trademark counterfeiting in the first degree.
    22    A person is guilty of trademark counterfeiting  in  the  first  degree
    23  when,  with  the intent to deceive or defraud some other person, or with
    24  the intent to evade a lawful restriction on the sale,  resale,  offering
    25  for sale, or distribution of goods, he or she manufactures, distributes,
    26  sells,  or  offers for sale goods which bear a counterfeit trademark, or
    27  possesses a trademark knowing it to be counterfeit for  the  purpose  of
    28  affixing it to any goods, and the retail value of all such goods bearing
    29  or  intended to bear counterfeit trademarks exceeds one hundred thousand
    30  dollars or the total numbers  of  all  such  goods  bearing  counterfeit
    31  trademarks exceeds ten thousand.
    32    Trademark counterfeiting in the first degree is a class C felony.
    33    § 5. This act shall take effect on the first of November next succeed-
    34  ing the date on which it shall have become a law.