[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1598 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1598

   To provide that professional sports teams relocating to different 
communities shall lose trademark protection with respect to team names, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 7 (legislative day, March 6), 1996

   Mr. Glenn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide that professional sports teams relocating to different 
communities shall lose trademark protection with respect to team names, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sports Heritage Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) communities make significant public investments in 
        order to host a professional sports team;
            (2) professional sports teams often remain in communities 
        for generations and their names and colors become associated 
        with the community and are a source of local pride;
            (3) the names of professional sports teams develop an 
        historical legacy within a community which is passed on from 
        generation to generation;
            (4) the names of professional sports teams are frequently 
        linked to characteristics or histories unique to the community 
        in which the team is located;
            (5) relocation of professional sports teams negatively 
        impacts the economic health and development of communities 
        deprived of the jobs and revenues associated with the team and 
        related sports industry; and
            (6) professional sports teams travel interstate in order to 
        play games and have a substantial impact on interstate commerce 
        through broadcast, cable, and satellite transmission of games; 
        through marketing of uniforms, sports equipment, and associated 
        memorabilia; and through the food vending, entertainment and 
        the hotel industries.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``community'' means--
                    (A) with respect to a professional sports team that 
                is a member of a league or association described under 
                paragraph (2) on January 1, 1996, the geographic area 
                within which such team operates and plays a majority of 
                home games as defined in any agreement governing the 
                relevant league or association in effect on such date; 
                and
                    (B) with respect to a professional sports team 
                that--
                            (i) is not a member of a league or 
                        association described under paragraph (2) on 
                        January 1, 1996, and
                            (ii) plays home games in an area for a 
                        period of more than 10 years,
                the geographic area within which such team operates and 
                plays a majority of home games as defined in any 
                agreement governing the relevant league or association;
            (2) ``professional sports team'' means any business entity 
        that is a member of--
                    (A) the American League or National League of Major 
                League Baseball;
                    (B) the National Football League;
                    (C) the National Basketball Association; or
                    (D) the National Hockey League; and
            (3) ``team identity'' means the name, logo, colors, or any 
        design of a professional sports team which is subject to 
        protection under the Act of July 5, 1946 (chapter 540) 
        (commonly referred to as the Trademark Act of 1946).

SEC. 4. LOSS OF TRADEMARK PROTECTION FOR RELOCATING TEAM.

    (a) In General.--If a professional sports team relocates to another 
community, such team may not enforce any right, interest, or privilege 
under the Act of July 5, 1946 (chapter 540) (commonly referred to as 
the Trademark Act of 1946) with respect to the team identity used on 
the date 1 year before the date of the relocation.
    (b) Exceptions.--This section shall not apply to any professional 
sports team that--
            (1) is located in a community and plays home games in such 
        community for a period of less than 10 years immediately 
        preceding the date of a relocation; or
            (2) is provided a written approval of a relocation of the 
        team, from the chief executive officer of the local government 
        of the area in which the team's playing facility is located.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment and shall apply 
only to any professional sports team that relocates to another 
community after such date.
                                 <all>