2021 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title J - Offenses Involving Theft
Article 165 - Other Offenses Relating to Theft
165.70 - 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.