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United States · Bill · S

S. 1255 (106th)

Anticybersquatting Consumer Protection Act

openUnited States· United States Congress· EN

Introduced

21 June 1999

Last action

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Status

Message on House action received in Senate and at desk: House amendments to Senate bill.

Sponsors

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Subjects

Discovery layer

Source updated

10 August 2026

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Summary

Anticybersquatting Consumer Protection Act - Amends the Trademark Act of 1946 to prescribe statutory damages in a case involving the registration or use of an Internet domain name or other identifier of an online location that is: (1) the trademark of a person or entity other than the person or entity registering or using the identifier; or (2) sufficiently similar to a trademark of a person or entity other than the person or entity registering or using the identifier as to be likely to cause confusion or mistake, deceive, or cause dilution of the distinctive quality of a famous trademark. Allows a plaintiff to elect, at any time before a court renders final judgment, to recover, instead of actual damages and profits, statutory damages in an amount of: (1) at least $1,000 and up to $100,000 per trademark per identifier, as the court considers just; or (2) at least $3,000 and up to $300,000 per trademark per identifier, as the court considers just if it finds that the registration or use of the registered trademark as an identifier was willful. Amends the Federal criminal code to establish as a Class B misdemeanor (or a Class E felony if at least a second offense in trafficking in counterfeit goods or services) the knowing and fraudulent or bad faith registration or use of a counterfeit trademark as a domain name. Specifies circumstances constituting prima facie evidence of fraud or bad faith. Directs U.S. Sentencing Commission to: (1) review the Federal sentencing guidelines for crimes against intellectual property; and (2) promulgate amendments to the Federal Sentencing Guidelines necessary to ensure that the applicable sentence for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter it. Amends the Trademark Act of 1946 to shield from liability for monetary relief, regardless of whether the domain name or other identifier is ultimately determined to be infringing or dilutive, any Internet service provider, domain name registrar, or registry that, upon receipt of a written notice from the owner of a registered trademark, removes from domain name service (DNS) service or registration, or transfers to the trademark owner, an Internet domain name or other online location identifier alleged to be infringing or dilutive in compliance with: (1) a court order; or (2) reasonable implementation of a policy prohibiting the unauthorized registration or use of another's registered trademark as an Internet domain name or other online location identifier.

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Documents

14 official files

Engrossed Amendment House (text)

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