S. 1259 — Trademark Amendments Act of 1999

Summary

Trademark Amendments Act of 1999 - Amends the Trademark Act of 1946 (Lanham Act) to grant holders of famous trademarks the right to oppose or seek cancellation of a mark on both principal and supplemental registers that would cause dilution of their marks (under the Dilution Act). Specifies the exclusive proceeding for refusing registration of such a mark. Applies such amendment only to applications for registration filed on or after January 16, 1996.

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.

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.

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).

Legislative Actions

1999-07-01

Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

1999-07-01

Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

1999-07-01

Placed on Senate Legislative Calendar under General Orders. Calendar No. 195.

1999-07-01

Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S8191-8192; text: CR S8191-8192)

1999-07-01

Passed Senate without amendment by Unanimous Consent. (consideration: CR S8191-8192; text: CR S8191-8192)

1999-07-12

Received in the House.

1999-07-12

Message on Senate action sent to the House.

1999-07-12

Held at the desk.

1999-07-26

Mr. Coble moved to suspend the rules and pass the bill.

1999-07-26

Considered under suspension of the rules. (consideration: CR H6363-6364)

1999-07-26

DEBATE - The House proceeded with forty minutes of debate on S. 1259.

1999-07-26

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H6363-6364)

Trademark Amendments Act of 1999

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