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Trademarks online

This article was originally published in The Tan Sheet

Executive Summary

Holders of famous marks may seek legal action against those using the mark, or something "confusingly similar to that mark" in an Internet domain name, under the "Trademark Cyberpiracy Prevention Act" (S 1255) that was attached to the omnibus appropriations bill (HR 3194) cleared by Congress Nov. 19. Introduced by Sen. Spencer Abraham (R-Mich.), the holder of the mark would be allowed to file a civil complaint against the registrant of the domain name; if the domain name registrant does not live in the country, judicial jurisdiction would fall where documents establishing control of the registration and use of the domain name are filed. The remedies prescribed under the act include cancellation of the domain name, transferring the domain name to the owner of the mark and monetary penalties in certain instances





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