No Stolen Trademarks Honored in America Act of 2023

Bill: 118-hr-1505
Sponsor: full_name: Rep. Issa, Darrell E. [R-CA-48]
Introduced: 2023-03-09
Policy area: Commerce
Subjects: Civil actions and liability

Evidence and witnesses

Intellectual property

Jurisdiction and venue

Property rights
Latest action: action_date: 2024-12-01
text: Became Public Law No: 118-137.

Summaries:
action_date: 2023-03-09
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 and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and 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>

action_date: 2023-09-29
action_desc: Reported to House
text: <p><b>No Stolen Trademarks Honored in America Act of 2023</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 and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and 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>

action_date: 2023-11-13
action_desc: Passed House
text: <p><b>No Stolen Trademarks Honored in America Act of 2023</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 and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and 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>

action_date: 2024-11-19
action_desc: Passed Senate
text: <p><strong>No Stolen Trademarks Honored in America Act of 2023</strong></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 and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and 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>

action_date: 2024-12-01
action_desc: Public Law
text: <p><strong>No Stolen Trademarks Honored in America Act of 2023</strong></p><p>This act modifies the bar against U.S. courts enforcing or validating trademarks that were confiscated by the Cuban government.</p><p>The act prohibits U.S. courts and executive branch agencies from enforcing or validating such confiscated trademarks if the mark has been used in connection with a confiscated business or asset. Currently, the prohibition is limited to U.S. courts and applies only if the confiscated trademark is being asserted in the United States by a Cuban national.</p><p>Under the act, 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: IB One Hundred Eighteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and twenty-four H. R. 1505 AN ACT 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 of 2023 . 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 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)— (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 In this section, the term .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: IIB 118th CONGRESS 1st Session H. R. 1505 IN THE SENATE OF THE UNITED STATES November 14 (legislative day, November 13), 2023 Received; read twice and referred to the Committee on the Judiciary AN ACT 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 of 2023 . 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 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)— (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 In this section, the term .

Passed the House of Representatives November 13, 2023. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 1st Session H. R. 1505 IN THE HOUSE OF REPRESENTATIVES AN ACT 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 of 2023 . 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 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)— (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 In this section, the term .

Passed the House of Representatives November 13, 2023. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 188 118th CONGRESS 1st Session H. R. 1505 [Report No. 118–232] IN THE HOUSE OF REPRESENTATIVES March 9, 2023 Mr. Issa (for himself and Ms. Wasserman Schultz ) introduced the following bill; which was referred to the Committee on the Judiciary September 29, 2023 Additional sponsors: Mr. Waltz , Ms. Salazar , Mr. Diaz-Balart , Mr. Rutherford , Mr. Gaetz , Mr. Green of Tennessee , Mr. Dunn of Florida , Mr. Reschenthaler , Ms. Lee of Florida , Mr. C. Scott Franklin of Florida , Mr. Gimenez , Mr. Torres of New York , Ms. Wilson of Florida , Mr. Soto , Mr. Cline , Ms. Wild , and Mr. Moskowitz September 29, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 9, 2023 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 of 2023 . 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 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)— (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 In this section, the term .

September 29, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 1505 IN THE HOUSE OF REPRESENTATIVES March 9, 2023 Mr. Issa (for himself and Ms. Wasserman Schultz ) 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 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 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)— (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 In this section, the term .