legislation: 106-s-1461
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
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| 106-s-1461 | 106 | s | 1461 | Domain Name Piracy Prevention Act of 1999 | Commerce | 1999-07-29 | 1999-07-29 | Read twice and referred to the Committee on Judiciary. | Senate | Sen. Hatch, Orrin G. [R-UT] | UT | R | H000338 | 6 | Domain Name Piracy Prevention Act of 1999 - Amends the Trademark Act of 1946 to make liable in a civil action by the owner of a trademark or service mark distinctive at the time of domain name registration, any other person who, with bad-faith intent to profit from the goodwill of the owner's mark, registers, traffics in, or uses a domain name that is identical to, confusingly similar to, or dilutive of such mark. Specifies factors for the court to consider in determining bad-faith intent.(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. | 2025-08-20T14:21:14Z |