2023 New York Laws › GBS - General Business › Article 24 - Trademarks › 360-M - Remedies.

§  360-m.  Remedies.  1.  Any  owner  of  a mark registered under this
  article may proceed by suit to enjoin the manufacture, use,  display  or
  sale  of  any  counterfeits  or  imitations  thereof  and  any  court of
  competent  jurisdiction  may  grant   injunctions   to   restrain   such
  manufacture,  use,  display  or  sale as may be by the said court deemed
  just and reasonable, and may require the defendants to pay to such owner
  all profits derived from and/or all damages suffered by reason  of  such
  wrongful  manufacture,  use,  display  or  sale; and such court may also
  order that any such counterfeits or  imitations  in  the  possession  or
  under  the  control  of  any  defendant  in such case be delivered to an
  officer of the court, or to the complainant, to be destroyed or donated.
  The court, in its discretion, may enter judgment for an  amount  not  to
  exceed three times such profits and damages and/or reasonable attorneys'
  fees  of  the  prevailing  party in such cases where the court finds the
  other party committed such wrongful acts with knowledge or in bad  faith
  or  otherwise  as  according  to  the  circumstances  of  this case. The
  enumeration  of  any  right  or  remedy  herein  shall  not   affect   a
  registrant's right to prosecute under the penal law.
2.  If a court makes a determination that the counterfeit or imitation
  products should be donated, then notice of that determination  shall  be
  given  to  the lawful mark owner of the products. The notice shall state
  that the court intends to donate the seized products  to  help  indigent
  individuals  and  that  the donation will proceed unless the lawful mark
  owner objects to the donation, in writing. The lawful  mark  owner  will
  have  thirty  days to object to the court to the donation. If the lawful
  mark owner does not object, or gives  no  response  within  that  period
  despite  having received the notice, then the court shall take that as a
  granting of consent by the lawful mark owner that  the  donation  should
  proceed.
3.  The  counterfeit  or  imitation  products  may  only be given to a
  not-for-profit corporation that has an established history of  providing
  goods  and  services to indigent individuals. Organizations may petition
  the court to be considered a recipient of the counterfeit  or  imitation
  products.  The  judge,  in  his  or her sole discretion, shall determine
  whether an organization qualifies pursuant to this subdivision and which
  organization shall receive the counterfeit or imitation products.
4. Any counterfeit or imitation products received by  an  organization
  through  this  section  may not be sold by the organization, nor may any
  person or entity in possession  of  any  of  these  products  sell  such
  products.
5.  Any  not-for-profit  corporation  that has received counterfeit or
  imitation  products  through  this  section  must  have  the   products'
  identifying  lawful  mark  tags  removed  or  have  the products marked,
  altered, imprinted or indelibly stamped so as to prevent their resale or
  any confusion with the actual products of the lawful  mark  owner.  Such
  products  must  also  be  inspected by the not-for-profit corporation to
  ensure that they are in a condition consistent with the federal consumer
  safety standards that would ordinarily apply to the sale  of  comparable
  legitimate products.
6.  Provided, however, that the only counterfeit or imitation products
  that may  be  donated  pursuant  to  this  section  shall  be  clothing,
  including shoes, and all other counterfeit or imitation products must be
  destroyed  in  accordance  with  this  section or any other provision of
  applicable law.