Subject Matter Index All Decisions About Us Statutes Articles Online Resources Help


Martin Samson, author of the Internet Library of Law and Court Decisions

Recent Addition

Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

Cigarette - Internet Library of Law and Court Decisions - Updated January 1, 2002

00 Civ. 7274 (LAP)(S.D.N.Y. June , 2001)

Court holds that Section 1399-11 of New York's Public Health Law runs afoul of the Commerce Clause of the United States Constitution, and accordingly permanently enjoins its enforcement. Section 1399-11 prohibits the shipments of cigarettes to consumers in New York. The statute's prohibitions apply to both retailers and common carriers, and effectively preclude the use of the Internet and mail order catalogues as a means of selling cigarettes to New Yorkers. "The statute … thus restrict[s] retail sales of cigarettes in New York to face-to-face transactions at in state retail locations." The Court held that the statute was unconstitutional because it violated the "dormant" aspects of the Commerce Clause, which prohibit States from passing legislation which discriminates against, or unduly burdens, interstate commerce.

Disclaimer  |  Attorney Advertising
© Copyright 1997-2022 Martin H. Samson All Rights Reserved
Printer Friendly