S AMDT 1234

S 1234 IS

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

June 11, 2009

Mr. LIEBERMAN (for himself, Mr. ENSIGN, Mr. NELSON of Florida, Mr. COCHRAN, Mr. MENENDEZ, Mr. MARTINEZ, Mr. BURR, Mr. VITTER, and Mr. BUNNING) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

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 Representatives of the United States of America in Congress assembled,

SECTION 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’.