NY A08907

Amends General Business Law Section 360-m to allow courts to order that seized counterfeit or imitation products be destroyed or donated, rather than only destroyed.

Requires courts to notify the lawful mark owner of any intent to donate counterfeit products and provide 30 days to object; failure to object constitutes consent to donation.

Limits donation of counterfeit products to not-for-profit corporations with established history of serving indigent individuals, with judge discretion to select recipient organizations.

Restricts donated counterfeit clothing to removal or alteration of tags/markings to prevent resale, and prohibits any person from selling donated counterfeit products.

Limits donation eligibility to clothing only; all other counterfeit or imitation products must be destroyed, and amends Penal Law Section 165.74 to allow similar donation procedures upon conviction with law enforcement agency request.