N.Y. GBS Law § 360-K

§ 360-k. Infringement. Subject to the provisions of this section, any\nperson who shall:\n (a) use, without the consent of the registrant, any reproduction,\ncounterfeit, copy, or colorable imitation of a mark registered under\nthis article in connection with the sale, distribution, offering for\nsale, or advertising of any goods or services on or in connection with\nwhich such use is likely to cause confusion or mistake or to deceive as\nto the source of origin of such goods or services; or\n (b) reproduce, counterfeit, copy or colorably imitate any such mark\nand apply such reproduction, counterfeit, copy or colorable imitation to\nlabels, signs, prints, packages, wrappers, receptacles, or\nadvertisements intended to be used upon or in connection with the sale\nor other distribution in this state of such goods or services; shall be\nliable in a civil action by the registrant for any and all of the\nremedies provided in section three hundred sixty-l of this article,\nexcept that under this subdivision the registrant shall not be entitled\nto recover profits or damages unless the acts have been committed with\nthe intent to cause confusion or mistake or to deceive.\n