No Stolen Trademarks Honored in America Act

Bill: 117-s-1748
Sponsor: full_name: Sen. Menendez, Robert [D-NJ]
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: 2021-05-20
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-05-20
action_desc: Introduced in Senate
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: II 117th CONGRESS 1st Session S. 1748 IN THE SENATE OF THE UNITED STATES May 20, 2021 Mr. Menendez (for himself and Mr. Rubio ) 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 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), 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 .