II
109th CONGRESS
1st Session
S. 691
IN THE SENATE OF THE UNITED STATES
April 4, 2005
Mr. Domenici (for himself, Mr. Nelson of Florida, Mr. Santorum, Mr. Ensign, Mr. Martinez, Mr. Allen, Mr. Lieberman, Mr. Lautenberg, and Mr. Bunning) 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.
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—
in subsection (a)(2)—
by striking by a designated national
; and
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
;
in subsection (b), by striking by a designated national or
its successor-in-interest
;
by redesignating subsection (d) as subsection (e);
by inserting after subsection (c) the following:
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
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
.