Bill Text: NY S01585 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1585 (Prior Session Legislation)

Introduced

Bill Title: Relates to remedies for trademark dilution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S01585 Detail]

Download: New_York-2019-S01585-Introduced.html



                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 Assem-
        bly, do enact as follows:
     1    Section 1. Section 360-l of the general  business  law,  as  added  by
     2  chapter 319 of the laws of 1996, is amended to read as follows:
     3    § 360-l. Injury to business reputation; dilution. Likelihood of injury
     4  to  business  reputation  or of dilution of the distinctive quality of a
     5  mark or trade name shall be a ground for injunctive relief in  cases  of
     6  infringement  of  a  mark  registered  or  not registered or in cases of
     7  unfair competition, notwithstanding the absence of  competition  between
     8  the  parties  or  the  absence of confusion as to the source of goods or
     9  services. The court, in its discretion, may enter judgment for an amount
    10  three times such profits and damages and/or reasonable  attorneys'  fees
    11  of the prevailing party.
    12    § 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