Page:United States Statutes at Large Volume 113 Part 2.djvu/1067

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-549 (2) DAMAGES.— Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by inserting ", (c), or (d)" after "section 43(a)". (b) STATUTORY DAMAGES.— Section 35 of the Trademark Act of 1946 (15 U.S.C. 1117) is amended by adding at the end the following: "(d) In a case involving a violation of section 43(d)(1), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just. SEC. 3004. LIMITATION ON LIABILITY. Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is amended— (1) in the matter preceding subparagraph (A) by striking "under section 43(a)" and inserting "under section 43(a) or (d)"; and (2) by redesignating subparagraph (DO as subparagraph (E) and inserting after subparagraph (C) the following: "(D)(i)(I) A domain name registrar, a domain name registry, or other domain name registration authority that takes any action described under clause (ii) affecting a domain name shall not be liable for monetary relief or, except as provided in subclause (II), for injunctive relief, to any person for such action, regardless of whether the domain name is finally determined to infringe or dilute the mark. "(II) A domain name registrar, domain name registry, or other domain name registration authorit}' described in subclause (I) may be subject to injunctive relief only if such registrar, registry, or other registration authority has— "(aa) not expeditiously deposited with a court, in which an action has been filed regarding the disposition of the domain name, documents sufficient for the court to establish the court's control and authority regarding the disposition of the registration and use of the domain name; "(bb) transferred, suspended, or othierwise modified the domain name during the pendency of the action, except upon order of the court; or "(cc) willfully failed to comply with any such court order. "(ii) An action referred to under clause (i)(I) is any action of refusing to register, removing from registration, transferring, temporarily disabling, or permanently canceling a domain name— "(I) in compliance with a court order under section 43(d); or "(II) in the implementation of a reasonable policy by such registrar, registry, or authority prohibiting the registration of a domain name that is identical to, confusingly similar to, or dilutive of another's mark, "(iii) A domain name registrar, a domain name registry, or other domain name registration authority shall not be liable for damages under this section for the reg:istration or maintenance of a domain name for another absent a showing of

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