New York Laws
Article 7 - 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.

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