H.R. 1689House109th Congress (2005-2007)In Committee

To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names.

Sponsored by Tom FeeneyRep. Tom Feeney (R-FL)
Introduced April 19, 2005

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Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

May 10, 2005

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HouseIntro Referral

Introduced in House

April 19, 2005

HouseIntro Referral

Referred to the House Committee on the Judiciary.

April 19, 2005

HouseCommittee

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

May 10, 2005

Bill Text

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Introduced in HouseIssued April 19, 2005

I

109th CONGRESS

1st Session

H. R. 1689

IN THE HOUSE OF REPRESENTATIVES

April 19, 2005

Mr. Feeney (for himself, Mr. Smith of Texas, Mrs. Blackburn, Ms. Hart, Mr. Meek of Florida, Mr. Burton of Indiana, Mr. Engel, Mr. Boyd, Ms. Harris, Mr. Foley, Mr. Smith of New Jersey, Ms. Ros-Lehtinen, Mr. Payne, Mr. Shaw, Mr. Keller, Mr. Crenshaw, Mr. Green of Wisconsin, Mr. Hoyer, 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.

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.