No Stolen Trademarks Honored in America Act
This bill modifies the bar against U.S. courts enforcing or validating trademarks that were confiscated by the Cuban government.
The bill prohibits U.S. courts and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and applies only if the confiscated trademark is being asserted in the United States by a Cuban national.
Under the bill, the prohibition shall not apply if the original trademark owner, or a successor, has expressly consented to the enforcement action.
The prohibition shall apply only if the entity asserting the trademark rights knew or should have known, when it acquired the rights, that the mark was the same or substantially similar to one connected to a confiscated business or asset.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 746 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 746
To modify the prohibition on recognition by United States courts of
certain rights relating to certain marks, trade names, or commercial
names.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 9, 2023
Mr. Menendez (for himself, Mr. Rubio, Ms. Cortez Masto, Mr. Braun, Mr.
Tillis, Mr. Marshall, Ms. Hirono, and Mr. Young) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To modify the prohibition on recognition by United States courts of
certain rights relating to certain marks, trade names, or commercial
names.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Stolen Trademarks Honored in
America Act''.
SEC. 2. MODIFICATION OF PROHIBITION.
Section 211 of the Department of Commerce and Related Agencies
Appropriations Act, 1999 (as contained in section 101(b) of division A
of Public Law 105-277; 112 Stat. 2681-88) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``or entity of the executive
branch'' after ``U.S. court'';
(B) by striking ``by a designated national''; and
(C) by inserting before the period at the end the
following: ``that was used in connection with a
business or assets that were confiscated unless the
original owner of the mark, trade name, or commercial
name, or the bona fide successor-in-interest has
expressly consented'';
(2) in subsection (b)--
(A) by inserting ``or entity of the executive
branch'' after ``U.S. court''; and
(B) by striking ``by a designated national or its
successor-in-interest'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Subsections (a)(2) and (b) of this section shall apply only
if the person or entity asserting the rights knew or had reason to know
at the time when the person or entity acquired the rights asserted that
the mark, trade name, or commercial name was the same as or
substantially similar to a mark, trade name, or commercial name that
was used in connection with a business or assets that were
confiscated.''; and
(5) in subsection (e), as so redesignated, by striking ``In
this section:'' and all that follows through ``(2) The term''
and inserting the following: ``In this section, the term''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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