Menendez, Rubio Renew Bipartisan, Bicameral Push To Prohibit U.S. Courts From Recognizing Trademarks Stolen By The Cuban Regime

Press Release

This legislation would protect the rights and interests of entrepreneurs who had theirs assets confiscated by the Cuban regime, unless there was clear consent granted by the trademark's original owner

WASHINGTON, DC -- U.S. Senator Bob Menendez (D-N.J.), a senior member of the Senate Finance Committee and the highest-ranking Latino in the U.S. Congress, and Sen. Marco Rubio (R-Fla.), Ranking Member of the Senate Foreign Relations Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues, today reintroduced the bicameral, bipartisan No Stolen Trademarks Honored in America Act. This renewed effort would prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual of a trademark that was used in connection with a business or assets that were confiscated by the Cuban regime, unless the original owner of the trademark expressly consented to the transfer of the trademark.

"Any confiscation of assets by the Castro regime is and always has been a crime," said Sen. Menendez. "This bipartisan, bicameral bill will protect U.S. trademarks by codifying into law the longstanding U.S. policy of supporting rightful owners of stolen property by ensuring that the courts only recognize the rights of those whose trademarks were illegally confiscated without consent by the Cuban government."

"It has long been U.S. policy to support the rightful owners of stolen property. For 60 years, the despotic Cuban dictatorship--through government-controlled companies--has profited from intellectual property that was stolen and rightfully belongs to ordinary Cubans and their descendants," said Sen. Rubio. "I'm proud to reintroduce this bipartisan bill, which ensures that U.S. courts do not recognize, enforce, or otherwise validate any trademark rights from businesses or assets stolen by the Cuban regime."

Representative Debbie Wasserman Schultz (D-Fla.) is leading the bipartisan companion legislation in the House of Representatives.

"I remain firmly committed to safeguarding the intellectual property rights of American companies to ensure that trademarks are protected against confiscation by any foreign government," said Rep. Wasserman Schultz. "This legislation prohibits courts from validating an assertion of trademark rights in connection with a business or assets confiscated by the Cuban government, and supports the true and just owners of stolen property -- a long-held U.S. policy that absolutely must be continued."

The bill prohibits the use of a trademark when the individual asserting trademark rights knew or had reason to know at the time of acquisition that the trademark was the same or substantially similar to the trademark or name used in connection with a U.S. business or asset confiscated by the Cuban government.

For example, in 1994, a Cuban rum-maker, Cuba Ron, filed for and received a U.S. trademark on the name "Havana Club", named after a club that had been confiscated in 1959 by the Castro government. Around the same time Cuba Ron filed, Bacardi, one of the world's largest liquor producers based in Puerto Rico, purchased the trademark and recipe from descendants of the original Havana Club founder. Under the No Stolen Trademarks Honored in America Act, Cuba Ron and its partner, Pernod Ricard, would be prohibited from using rights related to Havana Club since it had been illegally confiscated by the Cuban government, allowing Bacardi to use the trademark it rightly owned.

Source