N.Y. Arts and Cultural Affairs Law § 33.15: Search for trade-mark bottles and vessels kept in violation of law authorized

§ 33.15. Search for trade-mark bottles and vessels kept in violation

of law authorized. Whenever a registered owner of a trade-mark, or his

agent, makes oath before a magistrate that he has a reason to believe

and does believe, stating the grounds of his belief, that a bottle,

siphon, barrel, platter, vessel or other thing to which is affixed a

trade-mark belonging to him is being used or filled, or has been sold or

offered for sale, by any person whomsoever in violation of the preceding

section, then the magistrate may issue a search warrant to discover the

thing and cause the person having it in possession to be brought before

him and may thereupon inquire into the circumstances, and if on

examination, he finds that such person has been guilty of the offense

charged, he may hold the offender to bail to await the action of the

grand jury, and the offender shall also be liable to an action on the

case for damages, for such wrongful use of such trade-mark at the suit

of the owner thereof, and the party aggrieved, shall also have his

remedy according to the course of equity to enjoin the wrongful use of

his trade-mark, and to recover compensation therefor in any court having

jurisdiction over the person guilty of such wrongful use.