Public Law 106-113/Division B/Appendix I/Title III

{{SECTION|SEC. 3001.|SEC. 3001}}. SHORT TITLE; REFERENCES.

 * (a) SHORT TITLE.—
 * This title may be cited as the ``Anticybersquatting Consumer Protection Act´´.


 * (b) REFERENCES TO THE TRADEMARK ACT OF 1946.—
 * Any reference in this title to the Trademark Act of 1946 shall be a reference to the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes´´, approved July 5, 1946 (15 U.S.C. 1051 et seq.).

{{SECTION|SEC. 3002.|SEC. 3002}}. CYBERPIRACY PREVENTION.

 * (a) IN GENERAL.—
 * Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is amended by inserting at the end the following:


 * (b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS.—
 * (1) IN GENERAL.—
 * (A) CIVIL LIABILITY.—
 * Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.


 * (B) EXCEPTION.—
 * A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, United States Code, including a work made for hire as defined in section 101 of title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.


 * (2) REMEDIES.—
 * In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.


 * (3) DEFINITION.—
 * In this subsection, the term ``domain name´´ has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).


 * (4) EFFECTIVE DATE.—
 * This subsection shall apply to domain names registered on or after the date of the enactment of this Act.

{{SECTION|SEC. 3003.|SEC. 3003}}. DAMAGES AND REMEDIES.

 * (a) REMEDIES IN CASES OF DOMAIN NAME PIRACY.—


 * (1) INJUNCTIONS.—
 * Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``(a) or (c)´´ and inserting ``(a), (c), or (d)´´.


 * (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.

{{SECTION|SEC. 3004.|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 (D) as subparagraph (E) and inserting after subparagraph (C) the following:

{{SECTION|SEC. 3005.|SEC. 3005}}. DEFINITIONS.

 * Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting after the undesignated paragraph defining the term ``counterfeit´´ the following:


 * ``The term ``domain name´´ means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.


 * ``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)).´´.

{{SECTION|SEC. 3006.|SEC. 3006}}. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES.

 * (a) IN GENERAL.—
 * Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Patent and Trademark Office and the Federal Election Commission, shall conduct a study and report to Congress with recommendations on guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto, including consideration of and recommendations for—


 * (1) protecting personal names from registration by another person as a second level domain name for purposes of selling or otherwise transferring such domain name to such other person or any third party for financial gain;


 * (2) protecting individuals from bad faith uses of their personal names as second level domain names by others with malicious intent to harm the reputation of the individual or the goodwill associated with that individual's name;


 * (3) protecting consumers from the registration and use of domain names that include personal names in the second level domain in manners which are intended or are likely to confuse or deceive the public as to the affiliation, connection, or association of the domain name registrant, or a site accessible under the domain name, with such other person, or as to the origin, sponsorship, or approval of the goods, services, or commercial activities of the domain name registrant;


 * (4) protecting the public from registration of domain names that include the personal names of government officials, official candidates, and potential official candidates for Federal, State, or local political office in the United States, and the use of such domain names in a manner that disrupts the electoral process or the public's ability to access accurate and reliable information regarding such individuals;


 * (5) existing remedies, whether under State law or otherwise, and the extent to which such remedies are sufficient to address the considerations described in paragraphs (1) through (4); and


 * (6) the guidelines, procedures, and policies of the Internet Corporation for Assigned Names and Numbers and the extent to which they address the considerations described in paragraphs (1) through (4).


 * (b) GUIDELINES AND PROCEDURES.—
 * The Secretary of Commerce shall, under its Memorandum of Understanding with the Internet Corporation for Assigned Names and Numbers, collaborate to develop guidelines and procedures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto.

{{SECTION|SEC. 3007.|SEC. 3007}}. HISTORIC PRESERVATION.

 * Section 101(a)(1)(A) of the National Historic Preservation Act (16 U.S.C. 470a(a)(1)(A)) is amended by adding at the end the following: ``Notwithstanding section 43(c) of the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes´´, approved July 5, 1946 (commonly known as the ``Trademark Act of 1946´´ (15 U.S.C. 1125(c))), buildings and structures on or eligible for inclusion on the National Register of Historic Places (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure.´´.

{{SECTION|SEC. 3008.|SEC. 3008}}. SAVINGS CLAUSE.

 * Nothing in this title shall affect any defense available to a defendant under the Trademark Act of 1946 (including any defense under section 43(c)(4) of such Act or relating to fair use) or a person's right of free speech or expression under the first amendment of the United States Constitution.

{{SECTION|SEC. 3009.|SEC. 3009}}. TECHNICAL AND CONFORMING AMENDMENTS.

 * Chapter 85 of title 28, United States Code, is amended as follows:


 * (1) Section 1338 of title 28, United States Codes, is amended—


 * (A) in the section heading by striking ``trade-marks´´ and inserting ``trademarks´´;


 * (B) in subsection (a) by striking ``trade-marks´´ and inserting ``trademarks´´; and


 * (C) in subsection (b) by striking ``trade-mark´´ and inserting ``trademark´´.


 * (2) The item relating to section 1338 in the table of sections for chapter 85 of title 28, United States Code, is amended by striking ``trade-marks´´ and inserting ``trademarks´´.

{{SECTION|SEC. 3010.|SEC. 3010}}. EFFECTIVE DATE.

 * Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall apply to all domain names registered before, on, or after the date of the enactment of this Act, except that damages under subsection (a) or (d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 3003 of this title, shall not be available with respect to the registration, trafficking, or use of a domain name that occurs before the date of the enactment of this Act.

