A bill ot amend the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) to protect consumers and promote electronic commerce by prohibiting the bad-faith registration, trafficking or use of Internet domain names that are identical to, confusingly similar to, or dilutive of distinctive trademarks or service marks.
(Sec. 3) 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. 4) 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. 5) 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. Provides that if a registration authority takes such action based on a knowing and material misrepresentation by any person that a domain name is identical to, confusingly similar to, or dilutive of a another's registered mark, such person shall be liable for damages incurred by the domain name registrant and the court may grant injunctive relief to such registrant.
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.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9749-9755)
Read twice and referred to the Committee on Judiciary.
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