2006 New York Code - Definitions.

 
  § 165.70 Definitions.
    As  used  in sections 165.71, 165.72, 165.73 and 165.74, the following
  terms have the following definitions:
    1. The term "trademark" means (a) any word, name, symbol,  or  device,
  or  any  combination  thereof  adopted  and used by a person to identify
  goods  made  by  a  person  and  which  distinguish  them   from   those
  manufactured  or sold by others which is in use and which is registered,
  filed or recorded under the laws of this state or of any other state  or
  is  registered in the principal register of the United States patent and
  trademark office;  or  (b)  the  symbol  of  the  International  Olympic
  Committee,  consisting  of  five  interlocking  rings; the emblem of the
  United States Olympic Committee, consisting of an  escutcheon  having  a
  blue  chief and vertically extending red and white bars on the base with
  five interlocking rings displayed on the  chief;  any  trademark,  trade
  name,  sign,  symbol, or insignia falsely representing association with,
  or authorization by, the International Olympic Committee or  the  United
  States  Olympic  Committee;  or the words "Olympic", "Olympiad", "Citius
  Altius Fortius", or any combination thereof tending to cause  confusion,
  to  cause  mistake,  to deceive, or to falsely suggest a connection with
  the  United  States  Olympic  Committee  or  any  International  Olympic
  Committee or United States Olympic Committee activity.
    2.  The  term "counterfeit trademark" means a spurious trademark or an
  imitation of a trademark that is:
    (a) used in connection with trafficking in goods; and
    (b)  used  in  connection  with  the  sale,  offering  for   sale   or
  distribution   of   goods  that  are  identical  with  or  substantially
  indistinguishable from a trademark as defined in subdivision one of this
  section.
    The term "counterfeit trademark" does not include  any  mark  used  in
  connection  with  goods  for  which  the  person  using  such  mark  was
  authorized to use the trademark for the type of goods so manufactured or
  produced by the holder of the right to use  such  mark  or  designation,
  whether  or  not  such goods were manufactured or produced in the United
  States or in another country, and does not include imitations  of  trade
  dress  or  packaging  such  as  color,  shape  and the like unless those
  features have been registered as trademarks as  defined  in  subdivision
  one of this section.
    3.  The  term  "traffic"  means  to  transport, transfer, or otherwise
  dispose of, to another, as consideration for anything of  value,  or  to
  obtain  control  of  with intent to so transport, transfer, or otherwise
  dispose of.
    4. The term "goods" means any products, services, objects,  materials,
  devices or substances which are identified by the use of a trademark.