2013 New York Consolidated Laws
GBS - General Business
Article 24 - (360 - 360-R) TRADEMARKS
360-M - Remedies.

 
    §  360-m.  Remedies. 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.  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.