§ 19. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 1992; provided, however, that sections two through five, eight and twelve of this act shall be deemed to have been in full force and effect on and after April 1, 1991. REPEAL NOTE. -Paragraph a of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the administrative services unit, the operational services unit, the institutional services unit and the division of military and naval affairs unit and is replaced by revised salary schedules in new paragraph a. CHAPTER 490 AN ACT to amend the penal law and the criminal procedure law, in relation to trademark counterfeiting Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The penal law is amended by adding five new sections 165.70 165.71, 165.72, 165.73 and 165.74 to read as follows: § 165.70 Definitions. As used in sections 165.71, 165.72, 165.73 and 165.74, the following terms have the following definitions: 1. The term "trademark" means any word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made by a person and which distinguish them from those manufactured or sold by others which is in use and which is registered, filed or recorded under the laws of this state or of any other state or is registered in the principal register of the United States patent and trademark office. 2. The term "counterfeit trademark" means a spurious trademark or an imitation of a trademark that is: (a) used in connection with trafficking in goods; and (b) used in connection with the sale, offering for sale or distribution of goods that are identical with or substantially indistinguishable from a trademark as defined in subdivision one of this section. The term "counterfeit trademark" does not include any mark used in connection with goods for which the person using such mark was authorized to use the trademark for the type of goods so manufactured or produced by the holder of the right to use such mark or designation, whether or not such goods were manufactured or produced in the United States or in another country, and does not include imitations of trade dress or packaging such as color, shape and the like unless those features have been registered as trademarks as defined in subdivision one of this section. 3. The term "traffic" means to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or to obtain control of with intent to so transport, transfer, or otherwise dispose of. 4. The term "goods" means any products, services, objects, materials, devices or substances which are identified by the use of a trademark. § 165.71 Trademark counterfeiting in the third degree. A person is guilty of trademark counterfeiting in the third degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods. Trademark counterfeiting in the third degree is a class A misdemeanor. § 165.72 Trademark counterfeiting in the second degree. A person is guilty of trademark counterfeiting in the second degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the value of such goods, or trademark exceeds one thousand dollars. Trademark counterfeiting in the second degree is a class E felony. § 165.73 Trademark counterfeiting in the first degree. A person is guilty of trademark counterfeiting in the first degree when, with the intent to deceive or defraud some other person, or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, possesses a trademark knowing it to be counterfeit for the purpose affixing it to any goods, and the value of such goods or trademark exceeds one hundred thousand dollars. or of Trademark counterfeiting in the first degree is a class C felony. § 165.74 Seizure and destruction of goods bearing counterfeit trademarks. Any goods manufactured, sold, offered for sale, distributed or produced in violation of this article may be seized by any police officer, who must deliver the same to the magistrate before whom the person arrested is required to be taken. The magistrate must, upon arraignment of the defendant, determine whether the goods had been manufactured, sold, offered for sale, distributed or produced in violation of this article, and upon a finding that the goods had been manufactured, sold, offered for sale, distributed, or produced in violation of this article, shall cause such articles to be delivered to the district attorney of the county in which the defendant is liable to indictment or trial. Upon conviction of the defendant, the district attorney must cause to be destroyed the articles in respect whereof the defendant stands convicted, and which remain in the possession and control of the district attorney. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |