15 U.S.C. § 8131: Cyberpiracy protections for…

Summary

Makes it illegal for someone to register a web address that is another living person’s name, or a name very much like it, without that person’s permission if the registrant’s specific goal was to make money by selling the web address to that person or to someone else. The person whose name was used can sue. A safe exception exists: no liability if the registrant acted in good faith, is using the name with a copyrighted work (including works made for hire), is the owner or licensee of that work, plans to sell the web address as part of legally using the work, and a contract with the named person does not forbid the registration. That exception only applies to these lawsuits and does not cut back on trademark or other legal rights. If the name-owner wins in court, the judge can cancel the web address, give it to the name-owner, or otherwise stop its use. The judge can also award costs and lawyers’ fees to the winner. Domain name means a web address as defined in the Trademark Act. The rule covers web addresses registered on or after November 29, 1999.

Title 15, §8131

Commerce and Trade, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Trademark Act of 1946, referred to in par. (1)(B), is act July 5, 1946, ch. 540, 60 Stat. 427, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§ 1051 et seq.) of this title. 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 formerly classified to section 1129 of this title. Section was enacted as part of the Anticybersquatting Consumer Protection Act, and not as part of the Prioritizing Resources and Organization for Intellectual Property Act of 2008, which comprises this chapter.

§8131 Cyberpiracy Protections for Individuals