[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1125 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1125

   To amend the Trademark Act of 1946 to increase the penalties for 
  infringing the rights pertaining to famous performing groups and to 
  clarify the law pertaining to the rights of individuals who perform 
                          services as a group.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1999

  Mr. Kucinich (for himself and Mr. Norwood) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Trademark Act of 1946 to increase the penalties for 
  infringing the rights pertaining to famous performing groups and to 
  clarify the law pertaining to the rights of individuals who perform 
                          services as a group.

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

SECTION 1. FALSE DESIGNATIONS OF ORIGIN, FALSE DESCRIPTIONS, AND 
              DILUTION.

    Section 43(a) of the Act entitled ``An Act to provide for the 
registration and protection of trade-marks used in commerce, to carry 
out the provisions of certain international conventions, and for other 
purposes.'', approved July 5, 1946 (commonly referred to as the 
``Trademark Act of 1946) (15 U.S.C. 1125(a)), is amended by adding at 
the end the following:
    ``(3) It shall not be a violation of this Act or the statutes or 
common law of any State for an individual who had been a member of a 
group under a common famous name in commerce and subsequently 
terminated any relationship with such group to be able to represent, in 
any promotions, advertisements, or performing of the same services as 
those performed by such group during the time such individual was a 
member of such group, or other services, that such individual had 
formerly been a member of such group performing under such famous name, 
if such representations do not tend to deceive or confuse as to the 
nature, characteristics, qualities, geographic origin, sponsorship, or 
approval of his or her services with such group.''.

SEC. 2. TREBLE DAMAGES.

    Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is 
amended by inserting after ``(15 U.S.C. 1116(d)),'' the following: ``or 
that consists of the use of a famous name designating a performing 
group or individual well known to the public of the United States, 
whether or not such name is registered under this Act,''.
                                 <all>