(Sec. 3) Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation.
(Sec. 4) Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies and any entities or persons acting for the United States.
(Sec. 5) Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection).
(Sec. 7) Establishes the Association to Preserve the Authenticity of Musical Groups to: (1) benefit entertainers and performers who have performed with original entertainment groups; (2) promote, develop, and assist in preserving and protecting the rights of entertainers and performers; and (3) educate the public concerning the history of performing groups and the names of the actual performers in those groups.
Directs the Association to: (1) establish and promote the use of a certification mark, to which it shall have sole and exclusive rights; and (2) establish the standards for those entertainers who may use it. Requires such standards to include that: (1) at least one performer in any group displaying or using in its advertising the certification mark must have been a member of the original group that performed under the same or similar name; and (2) any advertising for such group shall not be false or misleading with respect to the membership or history of the group.
Declares that it shall not be a violation of the Lanham Act or any State law for an individual who has been a member of a performing group to: (1) be able to use the Association's certification mark; and (2) represent that such individual had been a member of such a group in any promotions, advertisements, or performing of the same services as those performed by such group, if such representation meets the standards of this Act and does not deceive or confuse as to the nature, characteristics, qualities, or sponsorship of such services.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts and Intellectual Property.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-250.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-250.
Placed on the Union Calendar, Calendar No. 144.
See S.1259.
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