‘‘(B) The remedies in an in rem action under this
paragraph shall be limited to a court order for the forfeiture
or cancellation of the domain name or the transfer of the
domain name to the owner of the mark.
‘‘(C) The in rem action established under this para-
graph and any remedy available under such action shall
be in addition to any other civil action or remedy otherwise
applicable.
‘‘(3) The civil action established under paragraph (1)
and any remedy available under such action shall be in
addition to any other civil action or remedy otherwise ap-
plicable.’’.
SEC. 3. DAMAGES AND REMEDIES.
(a) REMEDIES IN CASES OF DOMAIN NAME PIRACY.—
(1) INJUNCTIONS.—Section 34(a) of the Trade-
mark Act of 1946 (15 U.S.C. 1116(a)) is amended in
the first sentence by striking ‘‘(a) or (c)’’ and insert-
ing ‘‘(a), (c), or (d)’’.
(2) DAMAGES.—Section 35(a) of the Trademark
Act of 1946 (15 U.S.C. 1117(a)) is amended in the
first sentence by inserting ‘‘, (c), or (d)’’ after ‘‘section
43(a)’’.
(b) STATUTORY DAMAGES.—Section 35 of the Trade-
mark Act of 1946 (15 U.S.C. 1117) is amended by adding
at the end the following:
‘‘(d) In a case involving a violation of section 43(d)(1),
the plaintiff may elect, at any time before final judgment
is rendered by the trial court, to recover, instead of actual
damages and profits, an award of statutory damages in the
amount of not less than $1,000 and not more than $100,000
per domain name, as the court considers just. The court
may remit statutory damages in any case in which the
court finds that an infringer believed and had reasonable
grounds to believe that use of the domain name by the in-
fringer was a fair or otherwise lawful use.’’.
SEC. 4. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946 (15 U.S.C.
1114) is amended—
(1) in the matter preceding subparagraph (A) by
striking ‘‘under section 43(a)’’ and inserting ‘‘under
section 43(a) or (d)’’; and
(2) by redesignating subparagraph (D) as sub-
paragraph (E) and inserting after subparagraph (C)
the following:
‘‘(D)(i) A domain name registrar, a domain
name registry, or other domain name registration au-
thority that takes any action described under clause
(ii) affecting a domain name shall not be liable for
monetary relief to any person for such action, regard-
less of whether the domain name is finally determined
to infringe or dilute the mark.
‘‘(ii) An action referred to under clause (i) is
any action of refusing to register, removing from reg-
istration, transferring, temporarily disabling, or per-
manently canceling a domain name—
‘‘(I) in compliance with a court order under
section 43(d); or
‘‘(II) in the implementation of a reasonable
policy by such registrar, registry, or authority
prohibiting the registration of a domain name
that is identical to, confusingly similar to, or di-
lutive of another’s mark registered on the Prin-
cipal Register of the United States Patent and
Trademark Office, or of a trademark, word, or
name protected by reason of section 706 of title
18, United States Code, or section 220506 of title
36, United States Code.
‘‘(iii) A domain name registrar, a domain name
registry, or other domain name registration authority
shall not be liable for damages under this section for
the registration or maintenance of a domain name for
another absent a showing of bad faith intent to profit
from such registration or maintenance of the domain
name.
‘‘(iv) If a registrar, registry, or other registration
authority takes an action described under clause (ii)
based on a knowing and material misrepresentation
by any other person that a domain name is identical
to, confusingly similar to, or dilutive of a mark reg-
istered on the Principal Register of the United States
Patent and Trademark Office, or a trademark, word,
or name protected by reason of section 706 of title 18,
United States Code, or section 220506 of title 36,
United States Code, the person making the knowing
and material misrepresentation shall be liable for any
damages, including costs and attorney’s fees, incurred
by the domain name registrant as a result of such ac-
tion. The court may also grant injunctive relief to the
domain name registrant, including the reactivation of
the domain name or the transfer of the domain name
to the domain name registrant.
‘‘(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 do-
main name registrant, including the reactivation of
the domain name or transfer of the domain name to
the domain name registrant.’’.
SEC. 5. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15 U.S.C.
1127) is amended by inserting after the undesignated para-
graph defining the term ‘‘counterfeit’’ the following:
‘‘The term ‘domain name’ means any alphanumeric
designation which is registered with or assigned by any do-
main name registrar, domain name registry, or other do-
main name registration authority as part of an electronic
address on the Internet.
‘‘The term ‘Internet’ has the meaning given that term
in section 230(f)(1) of the Communications Act of 1934 (47
U.S.C. 230(f)(1)).’’.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall affect any defense available
to a defendant under the Trademark Act of 1946 (including
any defense under section 43(c)(4) of such Act or relating
to fair use) or a person’s right of free speech or expression
under the first amendment of the United States Constitu-
tion.
SEC. 7. EFFECTIVE DATE.
Sections 2 through 6 of this Act shall apply to all do-
main names registered before, on, or after the date of enact-
ment of this Act, except that damages under subsection (a)
or (d) of section 35 of the Trademark Act of 1946 (15 U.S.C.
1117), as amended by section 3 of this Act, shall not be
available with respect to the registration, trafficking, or use
of a domain name that occurs before the date of enactment
of this Act.
SEC. 8. ADJUSTMENT OF CERTAIN TRADEMARK AND PAT-
ENT FEES.
(a) TRADEMARK FEES.—Notwithstanding the second
sentence of section 31(a) of the Trademark Act of 1946 (15
U.S.C. 1113(a)), the Commissioner of Patents and Trade-
marks is authorized in fiscal year 2000 to adjust trademark
fees without regard to fluctuations in the Consumer Price
Index during the preceding 12 months.
(b) PATENT FEES.—
(1) ORIGINAL FILING FEE.—Section 41(a)(1)(A)
of title 35, United States Code, relating to the fee for
filing an original patent application, is amended by
striking ‘‘$760’’ and inserting ‘‘$690’’.
(2) REISSUE FEE.—Section 41(a)(4)(A) of title
35, United States Code, relating to the fee for filing
for a reissue of a patent, is amended by striking
‘‘$760’’ and inserting ‘‘$690’’.
(3) NATIONAL FEE FOR CERTAIN INTERNATIONAL
APPLICATIONS.—Section 41(a)(10) of title 35, United
States Code, relating to the national fee for certain
international applications, is amended by striking
‘‘$760’’ and inserting ‘‘$690’’.
(4) MAINTENANCE
FEES.—Section 41(b)(1) of
title 35, United States Code, relating to certain main-
tenance fees, is amended by striking ‘‘$940’’ and in-
serting ‘‘$830’’.
(c) EFFECTIVE DATE.—Subsection (a) shall take effect
on the date of the enactment of this Act. The amendments
made by subsection (b) shall take effect 30 days after the
date of the enactment of this Act.