A bill to restore to the judiciary the power to decide all trademark and trade name cases arising under the laws and treaties of the United States, and for other purposes.
Judicial Powers Restoration Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government.
Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments.
Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights, registration under the Trademark Act of 1946, or any treaty to which the United States is a party.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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