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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.