(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.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1255 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1255
To protect consumers and promote electronic commerce by amending
certain trademark infringement, dilution, and counterfeiting laws, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 1999
Mr. Abraham (for himself, Mr. Torricelli, Mr. Hatch, and Mr. McCain)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect consumers and promote electronic commerce by amending
certain trademark infringement, dilution, and counterfeiting laws, 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 ``Anticybersquatting Consumer
Protection Act''.
SEC. 2. FINDINGS.
Congress finds that the unauthorized registration or use of
trademarks as Internet domain names or other identifiers of online
locations (commonly known as ``cybersquatting'')--
(1) results in consumer fraud and public confusion as to
the true source or sponsorship of products and services;
(2) impairs electronic commerce, which is important to the
economy of the United States; and
(3) deprives owners of trademarks of substantial revenues
and consumer goodwill.
SEC. 3. TRADEMARK REMEDIES.
(a) Recovery for Violation of Rights.--Section 35 of the Act
entitled ``An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946, (commonly referred to as the ``Trademark Act of 1946'') (15
U.S.C. 1117) is amended by adding at the end the following:
``(d)(1) In this subsection, the term `Internet' has the meaning
given that term in section 230(f)(1) of the Communications Act of 1934
(47 U.S.C. 230(f)(1)).
``(2)(A) In a case involving the registration or use of an
identifier described in subparagraph (B), the plaintiff may elect, at
any time before final judgment is rendered by the trial court, to
recover, instead of actual damages and profits under subsection (a)--
``(i) an award of statutory damages in the amount of--
``(I) not less than $1,000 or more than $100,000
per trademark per identifier, as the court considers
just; or
``(II) if the court finds that the registration or
use of the registered trademark as an identifier was
willful, not less than $3,000 or more than $300,000 per
trademark per identifier, as the court considers just;
and
``(ii) full costs and reasonable attorney's fees.
``(B) An identifier referred to in subparagraph (A) is an Internet
domain name or other identifier of an online location that is--
``(i) the trademark of a person or entity other than the
person or entity registering or using the identifier; or
``(ii) sufficiently similar to a trademark of a person or
entity other than the person or entity registering or using the
identifier as to be likely to--
``(I) cause confusion or mistake;
``(II) deceive; or
``(III) cause dilution of the distinctive quality
of a famous trademark.''.
(b) Remedies for Dilution of Famous Marks.--Section 43(c)(2) of the
Act entitled ``An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946, (commonly referred to as the ``Trademark Act of 1946'') (15
U.S.C. 1125(c)(2)) is amended by striking ``35(a)'' and inserting ``35
(a) and (d)''.
SEC. 4. CRIMINAL USE OF COUNTERFEIT TRADEMARK.
(a) In General.--Section 2320(a) of title 18, United States Code,
is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``section that occurs'' and inserting
``paragraph that occurs''; and
(3) by adding at the end the following:
``(2)(A) In this paragraph, the term `Internet' has the meaning
given that term in section 230(f)(1) of the Communications Act of 1934
(47 U.S.C. 230(f)(1)).
``(B)(i) Except as provided in clause (ii), whoever knowingly and
fraudulently or in bad faith registers or uses an identifier described
in subparagraph (C) shall be guilty of a Class B misdemeanor.
``(ii) In the case of an offense by a person under this paragraph
that occurs after that person is convicted of another offense under
this section, that person shall be guilty of a Class E felony.
``(C) An identifier referred to in subparagraph (B) is an Internet
domain name or other identifier of an online location that is--
``(i) the trademark of a person or entity other than the
person or entity registering or using the identifier; or
``(ii) sufficiently similar to a trademark of a person or
entity other than the person or entity registering or using the
identifier as to be likely to--
``(I) cause confusion or mistake;
``(II) deceive; or
``(III) cause dilution of the distinctive quality
of a famous trademark.
``(D)(i) For the purposes of a prosecution under this paragraph, if
all of the conditions described in clause (ii) apply to the
registration or use of an identifier described in subparagraph (C) by a
defendant, those conditions shall constitute prima facie evidence that
the registration or use was fraudulent or in bad faith.
``(ii) The conditions referred to in clause (i) are as follows:
``(I) The defendant registered or used an identifier
described in subparagraph (C)--
``(aa) with intent to cause confusion or mistake,
deceive, or cause dilution of the distinctive quality
of a famous trademark; or
``(bb) with the intention of diverting consumers
from the domain or other online location of the person
or entity who is the owner of a trademark described in
subparagraph (C) to the domain or other online location
of the defendant.
``(II) The defendant--
``(aa) provided false information in the
defendant's application to register the identifier; or
``(bb) offered to transfer the registration of the
identifier to the trademark owner or another person or
entity in consideration for any thing of value.
``(III) The identifier is not--
``(aa) the defendant's legal first name or surname;
or
``(bb) a trademark of the defendant used in
legitimate commerce before the earlier of the first use
of the registered trademark referred to in subparagraph
(C) or the effective date of the registration of that
trademark.
``(iii) The application of this subparagraph shall not be
exclusive. Nothing in this subparagraph may be construed to limit the
applicability of subparagraph (B).''.
(b) Sentencing Guidelines.--
(1) In general.--Pursuant to the authority granted to the
United States Sentencing Commission under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall--
(A) review the Federal sentencing guidelines for
crimes against intellectual property (including
offenses under section 2320 of title 18, United States
Code); and
(B) promulgate such amendments to the Federal
Sentencing Guidelines as are necessary to ensure that
the applicable sentence for a defendant convicted of a
crime against intellectual property is sufficiently
stringent to deter such a crime.
(2) Factors for consideration.--In carrying out this
subsection, the United States Sentencing Commission shall--
(A) take into account the findings under section 2;
and
(B) ensure that the amendments promulgated under
paragraph (1)(B) adequately provide for sentencing for
crimes described in paragraph (2) of section 2320(a) of
title 18, United States Code, as added by subsection
(a).
SEC. 5. LIMITATION OF LIABILITY.
Section 39 of the Act entitled ``An Act to provide for the
registration and protection of trade-marks used in commerce, to carry
out the provisions of certain international conventions, and for other
purposes'', approved July 5, 1946, (commonly referred to as the
``Trademark Act of 1946'') (15 U.S.C. 1121) is amended by adding at the
end the following:
``(c)(1) In this subsection, the term `Internet' has the meaning
given that term in section 230(f)(1) of the Communications Act of 1934
(47 U.S.C. 230(f)(1)).
``(2)(A) An Internet service provider, domain name registrar, or
registry described in subparagraph (B) shall not be liable for monetary
relief to any person for a removal or transfer described in that
subparagraph, without regard to whether the domain name or other
identifier is ultimately determined to be infringing or dilutive.
``(B) An Internet service provider, domain name registrar, or
registry referred to in subparagraph (A) is a provider, registrar, or
registry that, upon receipt of a written notice from the owner of a
trademark registered in the Patent and Trademark Office, removes from
domain name service (DNS) service or registration, or transfers to the
trademark owner, an Internet domain name or other identifier of an
online location alleged to be infringing or dilutive, in compliance
with--
``(i) a court order; or
``(ii) the reasonable implementation of a policy
prohibiting the unauthorized registration or use of another's
registered trademark as an Internet domain name or other
identifier of an online location.''.
<all>
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.