A bill to protect consumers and promote electronic commerce by amending certain trademark infringement, dilution, and counterfeiting laws, and for other purposes.
(Sec. 2) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner.
Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner.
(Sec. 3) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful.
(Sec. 4) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office (USPTO Principal Registry) (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization).
Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name.
Makes liable to a domain name registrant for any damages, and at the court's discretion injunctive relief (including reactivation or transfer to the registrant of the domain name), any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the USPTO Principal Registry (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization), and a registrar, registry, or other registration authority takes such an action based on such misrepresentation.
Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under such Act.
(Sec. 8) Authorizes the Commissioner of Patents and Trademarks in FY 2000 to adjust trademark fees without regard to fluctuations in the Consumer Price Index during the preceding 12 months.
Amends Federal patent law to reduce: (1) from $760 to $690 original filing and reissue fees, as well as the national fee for certain international applications; and (2) from $940 to $830 the three-and-a-half year maintenance fee.
(Sec. 9) Directs the Secretary of Commerce to require the registry administrator for the .us top level domain to establish a second level domain name for the purpose of registering only domain names of the President, Members of Congress, U.S. Senators, and other current holders of, and official candidates and potential official candidates for, Federal, State, or local political office in the United States.
Directs the Secretary to establish guidelines and procedures under which individuals may register a domain name in such second level domain name.
Requires the Federal Election Commission to establish and maintain a list of individuals eligible, under such guidelines, to register a domain name in such second level domain name.
Authorizes the registry administrator and registrars for the .us top level domain to charge individuals reasonable fees for registering domain names under this Act.
(Sec. 10) Amends the National Historic Preservation Act to allow historic buildings and structures meeting the criteria for the National Register of Historic Places to retain the name by which they are listed on the Register, if that name is the historical name associated with the building or structure.
Laid on the table. See S. 1255 for further action. (consideration: CR H10831)
Measure laid before Senate by unanimous consent. (consideration: CR S10513-10520)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Referred to the Subcommittee on Courts and Intellectual Property.
Referred to the House Committee on the Judiciary.
Committee on Judiciary discharged.
Committee on Judiciary discharged.
Mr. Coble asked unanimous consent to discharge from committee and consider.
Considered by unanimous consent. (consideration: CR H10830-10831)
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The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 3028. Agreed to without objection.
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
A similar measure H.R. 3028 was laid on the table without objection.
The title of the measure was amended to that of similar measure H.R. 3028. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.