No Stolen Trademarks Honored in America Act

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 746 Introduced in Senate (IS)]

&lt;DOC&gt;






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''.
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