Trademark Cyberpiracy Prevention Act

Summary

Trademark Cyberpiracy Prevention Act - Amends the Trademark Act of 1946 to make liable in a civil action by the owner of a trademark or service mark any person who, with a bad faith intent to profit from the mark, regardless of the parties' goods or services, registers, traffics in, or uses a domain name which, at the time of its registration, is: (1) identical or confusingly similar to a distinctive mark; or (2) dilutive of a famous mark (including protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization). Specifies factors for the court to consider in determining bad faith intent. Limits the actionable use of a domain name to use by the domain name registrant or the registrant's authorized licensee. (Sec. 2) 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. 3) 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. 4) 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 (USPTO Principal Registry) (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization). 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. Makes liable to a domain name registrant for any damages, and at the court's discretion injunctive relief (including reactivation or transfer to the registrant of the domain name), any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the USPTO Principal Registry (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization), and a registrar, registry, or other registration authority takes such an action based on such misrepresentation. Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under such Act.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 6 October 1999

   Referred

   Referred to the Subcommittee on Courts and Intellectual Property.

   Source: Committee

2. 6 October 1999

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

3. 6 October 1999

   Introduced

   Introduced in House

   Source: IntroReferral

4. 6 October 1999

   Introduced

   Introduced in House

   Source: IntroReferral

5. 7 October 1999

   Committee

   Forwarded by Subcommittee to Full Committee by Voice Vote.

   Source: Committee

6. 7 October 1999

   Committee

   Subcommittee Consideration and Mark-up Session Held.

   Source: Committee

7. 13 October 1999

   Reported

   Ordered to be Reported (Amended) by Voice Vote.

   Source: Committee

8. 13 October 1999

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 25 October 1999

   Calendars

   Placed on the Union Calendar, Calendar No. 238.

   Source: Calendars

10. 25 October 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-412.

    Source: Committee

11. 25 October 1999

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-412.

    Source: Committee

12. 26 October 1999

    Floor

    Considered under suspension of the rules. (consideration: CR H10823-10831)

    Source: Floor

13. 26 October 1999

    Floor

    Laid on the table. See S. 1255 for further action. (consideration: CR H10831)

    Source: Floor

14. 26 October 1999

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

15. 26 October 1999

    Passed

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

16. 26 October 1999

    Passed

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

17. 26 October 1999

    Floor

    DEBATE - The House proceeded with forty minutes of debate on H.R. 3028.

    Source: Floor

18. 26 October 1999

    Floor

    Mr. Coble moved to suspend the rules and pass the bill, as amended.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Reported in House · 25 October 1999 · Official file
• Introduced in House · 6 October 1999 · Official file

Documents

7 official files

• Passed House amended

  summary · EN · 26 October 1999

  Open at official source

• Reported in House (text)

  Reported in House · EN · 25 October 1999

  ViewDownloadOpen at official source

• Reported in House (PDF)

  Reported in House · EN · 25 October 1999

  ViewDownloadOpen at official source

• Reported to House with amendment(s)

  summary · EN · 25 October 1999

  Open at official source

• Introduced in House (text)

  Introduced in House · EN · 6 October 1999

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 6 October 1999

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 6 October 1999

  Open at official source

Sponsors

• Rep. Rogan, James E. [R-CA-27] · R · Sponsor
• Rep. Boucher, Rick [D-VA-9] · D · Sponsor
• Rep. Coble, Howard [R-NC-6] · R · Sponsor
• ROBERT GOODLATTE · R · Sponsor
• Rep. Salmon, Matt [R-AZ-5] · R · Cosponsor
• · hsju00 · Standing

Related records

• related to ← Anticybersquatting Consumer Protection Act