N.Y. General Business Law § 360-k: Infringement

§ 360-k. Infringement. Subject to the provisions of this section, any

person who shall:

(a) use, without the consent of the registrant, any reproduction,

counterfeit, copy, or colorable imitation of a mark registered under

this article in connection with the sale, distribution, offering for

sale, or advertising of any goods or services on or in connection with

which such use is likely to cause confusion or mistake or to deceive as

to the source of origin of such goods or services; or

(b) reproduce, counterfeit, copy or colorably imitate any such mark

and apply such reproduction, counterfeit, copy or colorable imitation to

labels, signs, prints, packages, wrappers, receptacles, or

advertisements intended to be used upon or in connection with the sale

or other distribution in this state of such goods or services; shall be

liable in a civil action by the registrant for any and all of the

remedies provided in section three hundred sixty-l of this article,

except that under this subdivision the registrant shall not be entitled

to recover profits or damages unless the acts have been committed with

the intent to cause confusion or mistake or to deceive.