N.Y. Labor Law § 209: Illegal use of labels, brands and marks; injunction proceedings

§ 209. Illegal use of labels, brands and marks; injunction

proceedings. No person shall in any way use or display the label,

brand, mark, name or other character, adopted by any such union or

association as provided in section two hundred eight, without the

consent or authority of such union or association; or counterfeit or

imitate any such label, brand, mark, name or other character, or

knowingly sell, dispose of, keep or have in his possession with intent

to sell or dispose of any goods, wares, merchandise or other products of

labor, upon which any such counterfeit or imitation is attached,

affixed, printed, stamped or impressed, or knowingly sell, dispose of,

keep or have in his possession with intent to sell or dispose of any

goods, wares, merchandise or other products of labor contained in any

box, case, can or package, to which or on which any such counterfeit or

imitation is attached, affixed, printed, painted, stamped or impressed.

If such device has been registered as provided in section two hundred

eight, the union or association may maintain an action to enjoin the

manufacture, use, display or sale of counterfeit or colorable imitations

of such device, or of goods bearing the same, or the unauthorized use or

display of such device, or of goods bearing the same, and the court may

restrain such wrongful manufacture, use, display or sale, and every

unauthorized use or display by others of the genuine device so

registered and filed, if such use or display is not authorized by the

owner thereof, and may award to the plaintiff such damages resulting

from such wrongful manufacture, use, display or sale as may be proved,

together with the profits derived therefrom.

A union or association which has registered a device as provided in

section two hundred eight may maintain in an action in the supreme court

to enjoin the manufacture, use, display or sale of a device which is

calculated to deceive because of its similarity with a device filed by

such union or association of members. In such action if it shall appear

that the manufacture, use, display or sale of such device sought to be

enjoined has not been authorized by the union or association of

employees which has registered the device or that such device is so

similar to a device previously registered that it is calculated to

deceive, the court may restrain the manufacture, use, display or sale of

such device and may revoke and cancel the registration of such device.

A person violating any of the provisions of this section shall be

guilty of a misdemeanor punishable by a fine of not less than one

hundred dollars nor more than five hundred dollars or by imprisonment

for not less than three months nor more than one year or by both such

fine and imprisonment.