On Friday, Senator Mel Martinez (R-Fl.) issued a press release highlighting the introduction in the Senate of an amendment to
trademark legislation that safeguards intellectual rights from confiscation by Cuba. The bill, co-sponsored by members of both parties, including Sen. Martinez’s Florida counterpart Bill Nelson, prevents the Cuban government from using, or granting to third parties the right to use, a trademark obtained through confiscation from its rightful owner by the Cuban regime.
After Fidel Castro seized power in the Caribbean island nation, his government confiscated all private enterprises, including those of many well-known and internationally established companies, such as Bacardi Rum and Partagas Cigars. The communist regime then attempted to market its own products under the stolen trade names. Such moves resulted in litigation and the passage of legislation in 1999 that denied protection to any alleged trademark rights acquired from the Cuban government based on a confiscated brand name. However, the World Trade Organization has ruled that some aspects of the U.S. legislation are contrary to international trademark treaties. The Martinez-sponsored amendment brings the law into harmony with our international obligations while protecting the trademark rights of companies whose properties were confiscated by the Cuban government. The full text of the press release is found at the end of this article.
At a time when there is a great deal of discussion about improving relations with our communist neighbor to the south, legislative proposals such as the one sponsored by Sen. Martinez are a timely reminder of the sinister nature of the Castro regime. The speculation about a possible ‘softening’ of Cuba’s human rights policies after younger brother Raul Castro was named President has been tempered by older brother Fidel’s hard line pronouncements. Still, news reports ignore the fact that Fidel has not stepped down from his post as Secretary-General of Cuba’s Communist Party, which is the country’s most powerful policy-making position.
There are sectors within the Obama administration and its supporters who have been persuaded by the Castro propaganda that the Cuban regime, although authoritarian, has made social advances that improved the lot of ordinary Cubans. They believe Castro’s claims that before the advent of communism, Cuba was an impoverished country and that the dictator brought about better living conditions, education and health care to the masses. Such spurious claims are rarely challenged by an admiring mainstream press. This weekend, I came across two videos that present a stark contrast between pre-Castro Cuban society and the current living conditions. While these present only a snapshot of the changes that have taken place, I found a remarkable difference in the dress, the vehicular traffic and the condition of the buildings. The first film was taken in 1930. It is shown below:
The second one is a contemporary report about the treatment of dissidents by the Cuban government. To access the website containing that video click here. I urge everyone to view and compare the general aspect of the city of Havana as presented by these videos taken nearly eighty years apart. Viewed together they tell the tale of two cities..
Sen Martinez Press Release on Trademark Protections
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