H.R. 1103 – Reading Mode

111th CONGRESS

1st Session

H. R. 1103

IN THE HOUSE OF REPRESENTATIVES

February 13, 2009

Mr. Wexler (for himself, Mr. Issa, Mr. Engel, Ms. Ros-Lehtinen, Mr. Hastings of Florida, Mr. Burton of Indiana, Mr. Boyd, Ms. Wasserman Schultz, Mr. Rothman of New Jersey, Mr. Klein of Florida, and Mr. Patrick J. Murphy of Pennsylvania) 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.

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.