[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Page S10506]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ANTICYBERSQUATTING CONSUMER PROTECTION ACT

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                  HATCH (AND LEAHY) AMENDMENT NO. 1609

  Mr. BROWNBACK (for Mr. Hatch (for himself and Mr. Leahy)) proposed an 
amendment to the bill (S. 1255) to protect consumers and promote 
electronic commerce by amending certain trademark infringement, 
dilution, and counterfeiting laws, and for other purposes; as follows:

       On page 10, line 4, beginning with ``to'' strike all 
     through the comma on line 7 and insert ``or confusingly 
     similar to a trademark or service mark of another that is 
     distinctive at the time of the registration of the domain 
     name, or dilutive of a famous trademark or service mark of 
     another that is famous at the time of the registration of the 
     domain name,''.
       On page 11, strike lines 5 through 12 and insert the 
     following:
       ``(d)(1)(A) A person shall be liable in a civil action by 
     the owner of a trademark or service mark if, without regard 
     to the goods or services of the parties, that person--
       ``(i) has a bad faith intent to profit from that trademark 
     or service mark; and
       ``(ii) registers, traffics in, or uses a domain name that--
       ``(I) in the case of a trademark or service mark that is 
     distinctive at the time of registration of the domain name, 
     is identical or confusingly similar to such mark; or
       ``(II) in the case of a famous trademark or service mark 
     that is famous at the time of registration of the domain 
     name, is dilutive of such mark.
       On page 12, line 19, strike all beginning with ``to'' 
     through the comma on line 22 and insert ``or confusingly 
     similar to trademarks or service marks of others that are 
     distinctive at the time of registration of such domain names, 
     or dilutive of famous trademarks or service marks of others 
     that are famous at the time of registration of such domain 
     names,''.
       On page 13, insert between lines 3 and 4 the following:
       ``(D) A use of a domain name described under subparagraph 
     (A) shall be limited to a use of the domain name by the 
     domain name registrant or the domain name registrant's 
     authorized licensee.
       On page 16, line 24, strike the quotation marks and the 
     second period.
       On page 16, add after line 24 the following:
       ``(v) A domain name registrant whose domain name has been 
     suspended, disabled, or transferred under a policy described 
     under clause (ii)(II) may, upon notice to the mark owner, 
     file a civil action to establish that the registration or use 
     of the domain name by such registrant is not unlawful under 
     this Act. The court may grant injunctive relief to the domain 
     name registrant, including the reactivation of the domain 
     name or transfer of the domain name to the domain name 
     registrant.''.

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