§ 1129. — Cyberpiracy protections for individuals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1129]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1129. 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, including a work made
for hire as defined in section 101 of title 17, 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 section, 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 section shall apply to domain names registered on or after
November 29, 1999.
(Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3002(b)],
Nov. 29, 1999, 113 Stat. 1536, 1501A-548.)
References in Text
The Trademark Act of 1946, referred to in par. (1)(B), is act July
5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the
Lanham Act, which is classified generally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 1051 of this title and Tables.
Codification
Section was enacted as part of the Anticybersquatting Consumer
Protection Act, and not as part of the Trademark Act of 1946, also known
as the Lanham Act, which comprises this chapter.
