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S. 1259Became Law

Trademark Amendments Act of 1999

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).

Became Public Law No: 106-43.

Sen. Hatch, Orrin G. [R-UT](R-UT)Sponsor
1 cosponsor1 D
1cosponsors2committees24actions2related bills12subjects
  1. PresidentE40000

    Became Public Law No: 106-43.

  2. BecameLaw36000

    Became Public Law No: 106-43.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  8. FloorH37300

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

  9. Floor8000

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

  10. FloorH8D000

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

  11. FloorH30000

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

  12. FloorH30300

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

  13. FloorH15000

    Held at the desk.

  14. Floor

    Message on Senate action sent to the House.

  15. FloorH14000

    Received in the House.

  16. Floor

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

  17. Floor17000

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

  18. Calendars

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

  19. Committee

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

    Judiciary Committee
  20. Committee14000

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

    Judiciary Committee
  21. Committee

    Committee on Judiciary. Ordered to be reported without amendment favorably.

    Judiciary Committee
  22. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  23. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S7452-7455)

  24. IntroReferral10000

    Introduced in Senate