[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2373 Introduced in Senate (IS)]

  2d Session
                                 S. 2373

  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

                             April 29, 2004

Mr. Domenici (for himself, Mr. Nelson of Florida, Mr. Allen, Mr. Graham 
of Florida, Mr. Ensign, Mr. Hollings, Mr. Santorum, Mr. Lautenberg, Mr. 
 Graham  of South Carolina, Mr. Lieberman, Mr. Grassley, Mr. Kyl, and 
  Mr. Gregg) 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 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), by striking ``by a designated 
        national'';
            (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''.
                                 <all>