Text: H.R.1849 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in House (05/07/2013)


113th CONGRESS
1st Session
H. R. 1849


To amend the Hobby Protection Act to make unlawful the provision of assistance or support in violation of that Act, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

May 7, 2013

Mr. Smith of Texas (for himself, Mr. Scalise, Mr. Cassidy, and Mr. Waxman) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Hobby Protection Act to make unlawful the provision of assistance or support in violation of that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Collectible Coin Protection Act”.

SEC. 2. Provision of assistance or support.

The Hobby Protection Act (15 U.S.C. 2101 et seq.) is amended—

(1) in section 2—

(A) in subsection (b), by inserting “, or the sale in commerce” after “distribution in commerce”;

(B) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:

“(d) provision of assistance or support.—It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or consciously avoids knowing that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b).”; and

(C) in subsection (e) (as so redesignated), by striking “and (b)” and inserting “(b), and (d)”;

(2) in section 3—

(A) by striking “If any person” and inserting “(a) In general.—If any person”;

(B) by striking “or has an agent” and inserting “, has an agent, transacts business, or wherever venue is proper under section 1391 of title 28, United States Code”; and

(C) by adding at the end the following:

“(b) Trademark violations.—If the violation of section 2 (a) or (b) or a rule under section 2(c) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act.”; and

(3) in section 7, by adding at the end the following:

“(8) The term ‘collectibles certification service’ means a person recognized by collectors for providing independent certification that collectible items are genuine.”.