[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]
2d Session
S. 2373
To modify the prohibition on recognition by United States courts of
certain rights relating to certain marks, trade names, or commercial
names.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2004
Mr. Domenici (for himself, Mr. Nelson of Florida, Mr. Allen, Mr. Graham
of Florida, Mr. Ensign, Mr. Hollings, Mr. Santorum, Mr. Lautenberg, Mr.
Graham of South Carolina, Mr. Lieberman, Mr. Grassley, Mr. Kyl, and
Mr. Gregg) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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), by striking ``by a designated
national'';
(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''.
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