S 6616: Increases the remedy for trademark counterfeiting by removing the cap and widening the scope.
The bill aims to amend the General Business Law to provide stronger protections for trademark owners. It allows owners to seek injunctions to stop the manufacture, use, display, or sale of counterfeit or imitation products. The court can order the defendants to pay the owner's profits and damages, and may also require the destruction or donation of the counterfeit products. The court can enter judgment for up to three times the profits and damages, plus reasonable attorneys' fees, if the court finds the defendants acted with knowledge or in bad faith. This amendment does not affect the registrant's right to prosecute under the Penal Law. The changes take effect immediately.
- What is the current status of S 6616?
- As of January 8, 2026, S 6616 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO CONSUMER PROTECTION".
- Did S 6616 pass?
- Not yet. S 6616 has been introduced and has not passed either house.
- Who wrote S 6616, and where is it now?
- S 6616 was authored by Sen. James Sanders. Its committee of record is Assembly Consumer Affairs & Protection.
| Jan. 07, 2026 | REFERRED TO CONSUMER PROTECTION |
| Mar. 18, 2025 | REFERRED TO CONSUMER PROTECTION |
STATE OF NEW YORK ________________________________________________________________________ 6616 2025-2026 Regular Sessions IN SENATE March 18, 2025 ___________ 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 trademark reme- dies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 360-m of the general business law, 2 as amended by chapter 507 of the laws of 2014, is amended to read as 3 follows: 4 1. Any owner of a mark registered under this article may proceed by 5 suit to enjoin the manufacture, use, display or sale of any counterfeits 6 or imitations thereof and any court of competent jurisdiction may grant 7 injunctions to restrain such manufacture, use, display or sale as may be 8 by the said court deemed just and reasonable, and may require the 9 defendants to pay to such owner all profits derived from and/or all 10 damages suffered by reason of such wrongful manufacture, use, display or 11 sale; and such court may also order that any such counterfeits or 12 imitations in the possession or under the control of any defendant in 13 such case be delivered to an officer of the court, or to the complain- 14 ant, to be destroyed or donated. The court, in its discretion, may enter 15 judgment for an amount [not to exceed] three times such profits and 16 damages and/or reasonable attorneys' fees of the prevailing party [in17such cases where the court finds the other party committed such wrongful18acts with knowledge or in bad faith or otherwise as according to the19circumstances of this case]. The enumeration of any right or remedy 20 herein shall not affect a registrant's right to prosecute under the 21 penal law. 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10033-01-5