Provides for remedies for trademark dilution; allows the court, in its discretion, to enter judgment for an amount of three times such profits and damages and/or reasonable attorneys' fees of the prevailing party.
STATE OF NEW YORK
________________________________________________________________________
4718
2023-2024 Regular Sessions
IN SENATE
February 14, 2023
___________
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.
LBD06214-01-3
