Bill Text: NY S03793 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 3793 (Prior Session Legislation)

Introduced

Bill Title: Relates to remedies for trademark dilution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S03793 Detail]

Download: New_York-2015-S03793-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3793
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2015
                                      ___________
       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    S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08851-01-5