What This Bill Does
This bill modifies a law called Section 211 about trademark and trade name rights. It changes rules for when U.S. courts can recognize certain brand names and commercial names that were tied to businesses or property that the government took without payment.
Who It Affects
U.S. courts and executive branch entities (government agencies), people or businesses trying to use confiscated (taken by the government) brand names and trade names, and original owners or legal successors of those brand names.
Key Provisions
• U.S. courts and executive branch entities cannot recognize rights to marks, trade names or commercial names that were used with a business or assets that were confiscated, unless the original owner or legal successor has expressly agreed in writing. (Sec. 2(1)(C))
• The same prohibition applies to courts and executive branch entities regarding successor-in-interest claims to confiscated business marks and names. (Sec. 2(2))
• A person or business trying to claim these rights can only do so if they knew or should have known when they obtained the rights that the name was the same as or substantially similar to a name connected to a confiscated business or assets. (Sec. 2(4))
What Changes
If this becomes law, U.S. courts will no longer recognize trademark and trade name rights connected to confiscated businesses unless the original owner or their legal successor gives permission. Courts and government agencies will apply stricter standards when people or businesses claim these rights.
Important Definitions
The bill does not explicitly define confiscated, bona fide successor-in-interest, or other key terms used in Section 211.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 746
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
MARCH 9, 2023
Mr. MENENDEZ (for himself, Mr. RUBIO, Ms. CORTEZ MASTO, Mr. BRAUN,
Mr. TILLIS, Mr. MARSHALL, Ms. HIRONO, and Mr. YOUNG) 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Stolen Trademarks
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Honored in America Act’’.
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SEC. 2. MODIFICATION OF PROHIBITION.
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Section 211 of the Department of Commerce and Re-
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lated Agencies Appropriations Act, 1999 (as contained in
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•S 746 IS
section 101(b) of division A of Public Law 105–277; 112
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Stat. 2681–88) is amended—
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(1) in subsection (a)(2)—
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(A) by inserting ‘‘or entity of the executive
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branch’’ after ‘‘U.S. court’’;
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(B) by striking ‘‘by a designated national’’;
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and
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(C) by inserting before the period at the
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end the following: ‘‘that was used in connection
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with a business or assets that were confiscated
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unless the original owner of the mark, trade
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name, or commercial name, or the bona fide
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successor-in-interest has expressly consented’’;
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(2) in subsection (b)—
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(A) by inserting ‘‘or entity of the executive
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branch’’ after ‘‘U.S. court’’; and
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(B) by striking ‘‘by a designated national
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or its successor-in-interest’’;
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(3) by redesignating subsection (d) as sub-
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section (e);
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(4) by inserting after subsection (c) the fol-
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lowing:
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‘‘(d) Subsections (a)(2) and (b) of this section shall
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apply only if the person or entity asserting the rights knew
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or had reason to know at the time when the person or
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•S 746 IS
entity acquired the rights asserted that the mark, trade
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name, or commercial name was the same as or substan-
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tially similar to a mark, trade name, or commercial name
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that was used in connection with a business or assets that
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were confiscated.’’; and
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(5) in subsection (e), as so redesignated, by
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striking ‘‘In this section:’’ and all that follows
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through ‘‘(2) The term’’ and inserting the following:
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‘‘In this section, the term’’.
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Æ
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