2012 New York Consolidated Laws
LAB - Labor
Article 7 - (200 - 219-C) GENERAL PROVISIONS
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.