S. 647: No Stolen Trademarks Honored in America Act

113th Congress, 2013–2015. Text as of Mar 21, 2013 (Introduced).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

II

113th CONGRESS

1st Session

S. 647

IN THE SENATE OF THE UNITED STATES

March 21, 2013

(for himself andMr. Burr) introduced the following bill; which was read twice and referred to theCommittee 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.

1.

Short title

This Act may be cited as the No Stolen Trademarks Honored in America Act .

2.

Modification of prohibition

Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999(as contained insection 101(b) of division A of Public Law 105–277;112 Stat. 2681–88)is amended—

(1)

insubsection (a)(2)

(A)

by strikingby a designated national; and

(B)

by inserting before the periodthat 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 bonafide successor-in-interest has expressly consented;

(2)

insubsection (b), by strikingby a designated national or its successor-in-interest;

(3)

by redesignatingsubsection (d)assubsection (e);

(4)

by inserting aftersubsection (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)

insubsection (e), as so redesignated, by strikingIn this section:and all that follows through(2) The termand insertingIn this section, the term.