Page:United States Statutes at Large Volume 113 Part 2.djvu/1065

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-547 the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. "(D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that registrant's authorized licensee. "(E) As used in this paragraph, the tenri 'traffics in' refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration. "(2)(A) The owner of a mark may file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name registry, or other domain name authority that registered or assigned the domain name is located if— "(i) the domain name violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under subsection (a) or (c); and "(ii) the court finds that the owner— "(I) is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action under paragraph (1); or "(II) through due diligence was not able to find a person who would have been a defendant in a civil action under paragraph (1) by— "(aa) sending a notice of the alleged violation and intent to proceed under this paragraph to the registrant of the domain name at the postal and e-mail address provided by the registrant to the registrar; and "(bb) publishing notice of the action as the court may direct promptly after filing the: action. "(B) The actions under subparagraph (A)(ii) shall constitute service of process. "(C) In an in rem action under this paragraph, a domain name shall be deemed to have its situs in the judicial district in which— "(i) the domain name registrar, registry, or other domain name authority that registered or assigned the domain name is located; or "(ii) documents sufficient to establish control and authority regarding the disposition of the registration and use of the domain name are deposited with the court. "(D)(i) The remedies in an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. Upon receipt of written notification of a filed, stamped copy of a complaint filed by the owner of a mark in a United States district court under this paragraph, the domain name registrar, domain name registry, or other domain name authority shall— "(I) expeditiously deposit with the court documents sufficient to establish the court's control and authority regarding the disposition of the registration and use of the domain name to the court; and "(II) not transfer, suspend, or otherwise modify the domain name during the pendency of the action., except upon order of the court.

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