Subcommittee Chair Issa’s Bill to Protect Trademarks Passes Out of Committee Unanimously
Washington D.C — Today, legislation by Congressman Darrell Issa (CA-48), Ranking Member of the Subcommittee on Courts, Intellectual Property and the Internet in the House Judiciary Committee, was unanimously approved by the House Judiciary Committee. Issa’s legislation, the “No Trademarks Honored in America Act,” forbids U.S. courts from recognizing, enforcing, or validating any proclamation of rights by an individual of a trademark confiscated by the Cuban government, without the consent of the original owner.
“This bill is about righting a historical wrong and acknowledgement of the inherent value of intellectual property and the ownership of one’s ideas and creations,” said Issa. “This legislation specially makes a technical correction to our law to ensure that protections apply to all parties claiming U.S. rights to confiscated Cuban trademarks – regardless of nationality.”
The bill was co-led by Judiciary colleague Congresswoman Debiie Wasserman Schultz (FL-25), and joined in support by cosponsors Reps. Michael Waltz (FL-6), Maria Elvira Salazar (FL-27), Mario Diaz-Balart (FL-26), John Rutherford (FL-5), Matt Gaetz (FL-1), Mark Green (TN-7), Neal Dunn (FL-2), Guy Reschenthaler (PA-14), Laurel Lee (FL-15), Scott Franklin (FL-18), Carlos Gimenez (FL-28), Ritchie Torres (NY-15), Frederica Wilson (FL-24), Darren Soto (FL-9), Ben Cline (VA-6).
The bill is led in the Senate by Senator Robert Menendez (NJ) and Senator Marco Rubio (FL). Additional cosponsors include Sens. Catherine Cortez-Masto (NV), Mike Braun (IN), Thomas Tillis (NC), Roger Marshall (KS), Mazie Hirono (HI), Todd Young (IN).
Background:
In 1959, the assets of Havana Club were seized by the Cuban government. Even though the trademark expired in 1974, descendants of Havana Club’s founder in 1994 retailed the trademark and recipe to Bacardi, one of the world’s largest liquor producers. Local Cuban firm Cuba Ron, however, filed and received a U.S. trademark on the name and aligned with Pernod Ricard to sell a competing “Havana Club” rum. Because of Cuba’s confiscation of the original company, this legislation bans the Cuba Ron/Pernod Ricard partnership from using the rights of Havana Club. The bill applies a trademark prohibition only if the individual asserting the rights knew or had reason to know the trademark was the same or substantially similar to one used with any confiscated business or assets.
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