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U.S. Code as of:
01/19/04
Section 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.
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