SECTION 1. Short Title.
This Act may be cited as the “No Stolen Trademarks Honored in America Act of 2023”.
No Stolen Trademarks Honored in America Act of 2023
An Act
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,
SEC. 2. 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—
in subsection (a)(2)—
by inserting “ or entity of the executive branch” after “ U.S. court”;
by striking “ by a designated national”; and
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”;
in subsection (b)—
by inserting “ or entity of the executive branch” after “ U.S. court”; and
by striking “ by a designated national or its successor-in-interest”;
by redesignating subsection (d) as subsection (e);
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
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”.