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Nassau County Trademark Counterfeiting Lawyer
S 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 (a) 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; or (b) the symbol of the International Olympic
Committee, consisting of five interlocking rings; the emblem of the
United States Olympic Committee, consisting of an escutcheon having a
blue chief and vertically extending red and white bars on the base with
five interlocking rings displayed on the chief; any trademark, trade
name, sign, symbol, or insignia falsely representing association with,
or authorization by, the International Olympic Committee or the United
States Olympic Committee; or the words "Olympic", "Olympiad", "Citius
Altius Fortius", or any combination thereof tending to cause confusion,
to cause mistake, to deceive, or to falsely suggest a connection with
the United States Olympic Committee or any International Olympic
Committee or United States Olympic Committee activity.
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.
S 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.
S 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 retail value of all such goods bearing
counterfeit trademarks exceeds one thousand dollars.
Trademark counterfeiting in the second degree is a class E felony.
S 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, or
possesses a trademark knowing it to be counterfeit for the purpose of
affixing it to any goods, and the retail value of all such goods bearing
counterfeit trademarks exceeds one hundred thousand dollars.
Trademark counterfeiting in the first degree is a class C felony.
S 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. The magistrate must, within forty-eight hours after arraignment
of the defendant, determine whether probable cause exists to believe
that the goods had been manufactured, sold, offered for sale,
distributed or produced in violation of this article, and upon a finding
that probable cause exists to believe that the goods had been
manufactured, sold, offered for sale, distributed, or produced in
violation of this article, the court shall authorize such articles to be
retained as evidence pending the trial of the defendant. Upon
conviction of the defendant, the articles in respect whereof the
defendant stands convicted shall be destroyed. Destruction shall not
include auction, sale or distribution of the items in their original
form.
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Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.
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