This concept suggests that the harm suffered by the litigating plaintiff is one of deception. Trademarks serve an identifying function. By leading the consumer to think that a product originates from a source that it does not, an infringer is able to divert sales into his own pockets. Dilution'' is another available cause of action under the Lanham Act. The section of the Lanham Act that provides for remedies in cases involving the dilution of famous marks may also be illuminating as a basis for personal name domain name protection.
Unfair competition is a commercial tort that evades precise definition.
1 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition Sec. In passing this Act, Congress concluded that some form of federal protection was necessary to prevent acts of abusive domain name registration involving personal names. In the required report that the Department of Commerce must prepare, the Department is being asked whether the protections afforded by the Anticybersquatting Consumer Protection Act are sufficient to address the problem. So that the Department of Commerce can examine the full range of laws, policies, and regulations that may apply and may lend themselves to use in resolving personal name disputes, we are asking for public comments and input. In the interests of focusing this Request for Comments, we would welcome public submissions on the use of the Internet for campaign activity only as such submissions relate to the more limited, fourth prong of the Act's study requirements.