No Stolen Trademarks Honored in America Act

Bill: 117-hr-3455
Sponsor: full_name: Rep. Wasserman Schultz, Debbie [D-FL-23]
Introduced: 2021-05-20
Policy area: Commerce
Subjects: Caribbean area

Civil actions and liability

Cuba

Evidence and witnesses

Intellectual property

Jurisdiction and venue

Latin America

Property rights
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Summaries:
action_date: 2021-05-20
action_desc: Introduced in House
text: <p><b>No Stolen Trademarks Honored in America Act</b></p> <p>This bill modifies the bar against U.S. courts enforcing or validating trademarks that were confiscated by the Cuban government. </p> <p>The bill prohibits U.S. courts from enforcing or validating such confiscated trademarks if the mark had been used in connection with a confiscated business or asset. Currently, the prohibition applies only if the confiscated trademark is being asserted in the United States by a Cuban national. </p> <p>Under the bill, the prohibition shall not apply if the original trademark owner, or a successor, has expressly consented to the enforcement action.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3455 IN THE HOUSE OF REPRESENTATIVES May 20, 2021 Ms. Wasserman Schultz (for herself and Mr. Issa ) introduced the following bill; which was 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 .