(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.
Structure New York Laws
Title J - Offenses Involving Theft
Article 165 - Other Offenses Relating to Theft
165.00 - Misapplication of Property.
165.05 - Unauthorized Use of a Vehicle in the Third Degree.
165.06 - Unauthorized Use of a Vehicle in the Second Degree.
165.07 - Unlawful Use of Secret Scientific Material.
165.08 - Unauthorized Use of a Vehicle in the First Degree.
165.09 - Auto Stripping in the Third Degree.
165.10 - Auto Stripping in the Second Degree.
165.11 - Auto Stripping in the First Degree.
165.16 - Unauthorized Sale of Certain Transportation Services.
165.17 - Unlawful Use of Credit Card, Debit Card or Public Benefit Card.
165.20 - Fraudulently Obtaining a Signature.
165.30 - Fraudulent Accosting.
165.40 - Criminal Possession of Stolen Property in the Fifth Degree.
165.45 - Criminal Possession of Stolen Property in the Fourth Degree.
165.50 - Criminal Possession of Stolen Property in the Third Degree.
165.52 - Criminal Possession of Stolen Property in the Second Degree.
165.54 - Criminal Possession of Stolen Property in the First Degree.
165.55 - Criminal Possession of Stolen Property; Presumptions.
165.60 - Criminal Possession of Stolen Property; No Defense.
165.65 - Criminal Possession of Stolen Property; Corroboration.
165.71 - Trademark Counterfeiting in the Third Degree.
165.72 - Trademark Counterfeiting in the Second Degree.
165.73 - Trademark Counterfeiting in the First Degree.
165.74 - Seizure and Distribution or Destruction of Goods Bearing Counterfeit Trademarks.