[Congressional Record Volume 169, Number 192 (Tuesday, November 21, 2023)]
[Extensions of Remarks]
[Page E1119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NO STOLEN TRADEMARKS HONORED IN AMERICA ACT OF 2023

                                 ______
                                 

                               speech of

                           HON. DARRELL ISSA

                             of california

                    in the house of representatives

                       Monday, November 13, 2023

  Mr. ISSA. Mr. Speaker, recognizing and safeguarding intellectual 
property rights is a vital interest for the United States and a 
critical component of our leadership, which has historically championed 
strong IP rights.
  Consistent and strong IP rights ensure that business will seek to 
innovate in the U.S. and enjoy the protections granted under our 
Constitution and laws.
  It goes without saying that strong IP protections require that the 
government respect IP ownership and the right of IP owners to control 
who exercises their rights.
  Similarly obvious is that the government should not condone IP theft.
  That is exactly what has happened with the trademarks stolen by the 
Communist government of Cuba.
  As if oppressing and brutalizing the Cuban people was not enough, the 
Castro regime also stole IP from legitimate owners during its vicious 
takeover of Cuba.
  This included stealing valuable trademarks, such as ``Havana Club,'' 
from the Arechabala family.
  The Arechabala family for years invested their time and resources 
building a world-renowned brand for their rum only to have the 
Communists steal it along with the rest of their property, including 
all of their production facilities.
  The Castro regime then embarked on decades of exploiting that IP, 
manufacturing and exporting rum using the ``Havana Club'' trademark 
they stole.
  The Arechabala family never recovered from what happened to them, but 
they transferred their rightful interests in their trademarks to the 
Bacardi family and company in the U.S.
  As a world leader when it comes to IP rights, it should be clear that 
the U.S. government would side with Bacardi in a dispute between them 
and the Castro regime over these trademarks.
  But in 2016, the U.S. Patent and Trademark Office, or USPTO, 
recognized the Cuban regime's claim on the ``Havana Club'' trademark 
even though it was stolen by the Cuban regime.
  That is why I introduced this bill, which prohibits the executive 
branch from recognizing, enforcing, or validating any trademark used in 
connection with a business or assets that were confiscated without the 
consent of the original owner or successor-in-interest.
  I was delighted to be joined by my Democratic colleague, Ms. 
Wasserman Schultz of Florida, in introducing it, and the bill has since 
been cosponsored by 17 other Members from both parties on the way to 
being overwhelmingly approved by the Judiciary Committee on a 
bipartisan basis.
  We all agree that the U.S. government should not reward those who 
would steal and exploit trademarks, or any other IP, without the 
consent of the legitimate owners.
  Allowing Cuba to propagate its misappropriation of IP also sets a 
harmful precedent for international IP protections.
  I urge my colleagues on both sides of the aisle to support this 
legislation.

                          ____________________