No Stolen Trademarks Honored in America Act

Bill: 113-s-647
Sponsor: full_name: Sen. Nelson, Bill [D-FL]
Introduced: 2013-03-21
Policy area: Law
Subjects: Caribbean area

Civil actions and liability

Cuba

Evidence and witnesses

Intellectual property

Jurisdiction and venue

Latin America

Property rights
Latest action: action_date: 2013-03-21
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2013-03-21
action_desc: Introduced in Senate
text: <p>No Stolen Trademarks Honored in America Act - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (under current law, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated. </p>

tv_txt: II 113th CONGRESS 1st Session S. 647 IN THE SENATE OF THE UNITED STATES March 21, 2013 Mr. Nelson (for himself and Mr. Burr ) 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.

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 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 striking by a designated national ; and (B) by inserting before the period 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 bonafide successor-in-interest has expressly consented ; (2) in subsection (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 In this section, the term .