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US HR1683

US HR1683
No Stolen Trademarks Honored in America Act


summary

Introduced
03/12/2019
In Committee
05/03/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names. This bill modifies the bar against U.S. courts enforcing or validating trademarks that were confiscated by the Cuban government. 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. Under the bill, the prohibition shall not apply if the original trademark owner, or a successor, has expressly consented to the enforcement action. 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.

AI Summary

This bill modifies the prohibition on U.S. courts enforcing or validating trademarks that were confiscated by the Cuban government. Currently, the prohibition applies only if the confiscated trademark is being asserted in the U.S. by a Cuban national. Under the bill, the prohibition would apply if the entity asserting the trademark rights knew or should have known that the mark was the same or substantially similar to one connected to a confiscated business or asset. The prohibition would not apply if the original trademark owner, or a successor, has expressly consented to the enforcement action.

Committee Categories

Justice

Sponsors (23)

Last Action

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (on 05/03/2019)

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