S. 1806

Judicial Powers Restoration Act of 2007

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II

110th CONGRESS

1st Session

S. 1806

IN THE SENATE OF THE UNITED STATES

July 17, 2007

Mr. Leahy (for himself, Mr. Craig, Mr. Bingaman, and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States by repealing the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, and commercial names and impediments to registration of such marks, and for other purposes.

1.

Short title

This Act may be cited as the Judicial Powers Restoration Act of 2007.

2.

Purpose

The purpose of this Act is to restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States by repealing the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, and commercial names and impediments to registration of such marks.

3.

Repeal

(a)

In general

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Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277; 112 Stat. 2681–88) is repealed.

(b)

Regulations

Not later than 30 days after the date of enactment of this Act, the Secretary of the Treasury shall issue such regulations as are necessary to carry out the repeal made by subsection (a), including removing or revoking any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied.