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copyright owner solely for the purpose of 
monitoring or tracking the copyright own-
er’s distribution channel and not for the 
purpose of verifying that a copy or phono-
record is noninfringing; 
‘‘(5) the term ‘documentation or packaging’ 
means documentation or packaging, in physical 
form, for a phonorecord, copy of a computer pro-
gram, copy of a motion picture or other audiovisual 
work, copy of a literary work, copy of a pictorial, 
graphic, or sculptural work, or work of visual art; 
and 
‘‘(6) the term ‘counterfeit documentation or 
packaging’ means documentation or packaging that 
appears to be genuine, but is not.’’; 
(4) in subsection (c)— 
(A) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) the counterfeit label or illicit label is af-
fixed to, encloses, or accompanies, or is designed to 
be affixed to, enclose, or accompany— 
‘‘(A) a phonorecord of a copyrighted sound 
recording or copyrighted musical work; 
‘‘(B) a copy of a copyrighted computer 
program;
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‘‘(C) a copy of a copyrighted motion pic-
ture or other audiovisual work; 
‘‘(D) a copy of a literary work; 
‘‘(E) a copy of a pictorial, graphic, or 
sculptural work; 
‘‘(F) a work of visual art; or 
‘‘(G) copyrighted documentation or pack-
aging; or’’; and 
(B) in paragraph (4), by striking ‘‘for a 
computer program’’; and 
(5) in subsection (d)— 
(A) by inserting ‘‘or illicit labels’’ after 
‘‘counterfeit labels’’ each place it appears; and 
(B) by inserting before the period at the 
end the following: ‘‘, and of any equipment, de-
vice, or material used to manufacture, repro-
duce, or assemble the counterfeit labels or illicit 
labels’’. 
(b) CIVIL REMEDIES.—Section 2318 of title 18, 
United States Code, is further amended by adding at the 
end the following: 
‘‘(f) CIVIL REMEDIES.— 
‘‘(1) IN GENERAL.—Any copyright owner who 
is injured, or is threatened with injury, by a viola-
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tion of subsection (a) may bring a civil action in an 
appropriate United States district court. 
‘‘(2) DISCRETION
OF
COURT.—In any action 
brought under paragraph (1), the court— 
‘‘(A) may grant 1 or more temporary or 
permanent injunctions on such terms as the 
court determines to be reasonable to prevent or 
restrain a violation of subsection (a); 
‘‘(B) at any time while the action is pend-
ing, may order the impounding, on such terms 
as the court determines to be reasonable, of any 
article that is in the custody or control of the 
alleged violator and that the court has reason-
able cause to believe was involved in a violation 
of subsection (a); and 
‘‘(C) may award to the injured party— 
‘‘(i) reasonable attorney fees and 
costs; and 
‘‘(ii)(I) actual damages and any addi-
tional profits of the violator, as provided in 
paragraph (3); or 
‘‘(II) statutory damages, as provided 
in paragraph (4). 
‘‘(3) ACTUAL DAMAGES AND PROFITS.—
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‘‘(A) IN GENERAL.—The injured party is 
entitled to recover— 
‘‘(i) the actual damages suffered by 
the injured party as a result of a violation 
of subsection (a), as provided in subpara-
graph (B) of this paragraph; and 
‘‘(ii) any profits of the violator that 
are attributable to a violation of subsection 
(a) and are not taken into account in com-
puting the actual damages. 
‘‘(B) CALCULATION
OF
DAMAGES.—The 
court shall calculate actual damages by multi-
plying— 
‘‘(i) the value of the phonorecords, 
copies, or works of visual art which are, or 
are intended to be, affixed with, enclosed 
in, or accompanied by any counterfeit la-
bels, illicit labels, or counterfeit docu-
mentation or packaging, by 
‘‘(ii) the number of phonorecords, cop-
ies, or works of visual art which are, or are 
intended to be, affixed with, enclosed in, or 
accompanied by any counterfeit labels, il-
licit labels, or counterfeit documentation or 
packaging.
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‘‘(C) DEFINITION.—For purposes of this 
paragraph, the ‘value’ of a phonorecord, copy, 
or work of visual art is— 
‘‘(i) in the case of a copyrighted 
sound recording or copyrighted musical 
work, the retail value of an authorized pho-
norecord of that sound recording or musi-
cal work; 
‘‘(ii) in the case of a copyrighted com-
puter program, the retail value of an au-
thorized copy of that computer program; 
‘‘(iii) in the case of a copyrighted mo-
tion picture or other audiovisual work, the 
retail value of an authorized copy of that 
motion picture or audiovisual work; 
‘‘(iv) in the case of a copyrighted lit-
erary work, the retail value of an author-
ized copy of that literary work; 
‘‘(v) in the case of a pictorial, graphic, 
or sculptural work, the retail value of an 
authorized copy of that work; and 
‘‘(vi) in the case of a work of visual 
art, the retail value of that work. 
‘‘(4) STATUTORY DAMAGES.—The injured party 
may elect, at any time before final judgment is ren-
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dered, to recover, instead of actual damages and 
profits, an award of statutory damages for each vio-
lation of subsection (a) in a sum of not less than 
$2,500 or more than $25,000, as the court considers 
appropriate. 
‘‘(5) SUBSEQUENT VIOLATION.—The court may 
increase an award of damages under this subsection 
by 3 times the amount that would otherwise be 
awarded, as the court considers appropriate, if the 
court finds that a person has subsequently violated 
subsection (a) within 3 years after a final judgment 
was entered against that person for a violation of 
that subsection. 
‘‘(6) LIMITATION ON ACTIONS.—A civil action 
may not be commenced under section unless it is 
commenced within 3 years after the date on which 
the claimant discovers the violation of subsection 
(a).’’. 
(c) CONFORMING AMENDMENT.—The item relating 
to section 2318 in the table of sections for chapter 113 
of title 18, United States Code, is amended to read as 
follows: 
‘‘2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documenta-
tion or packaging.’’.
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SEC. 103. OTHER RIGHTS NOT AFFECTED. 
(a) CHAPTERS 5 AND 12 OF TITLE 17; ELECTRONIC 
TRANSMISSIONS.—The amendments made by this title— 
(1) shall not enlarge, diminish, or otherwise af-
fect any liability or limitations on liability under sec-
tions 512, 1201 or 1202 of title 17, United States 
Code; and 
(2) shall not be construed to apply— 
(A) in any case, to the electronic trans-
mission of a genuine certificate, licensing docu-
ment, registration card, similar labeling compo-
nent, or documentation or packaging described 
in paragraph (4) or (5) of section 2318(b) of 
title 18, United States Code, as amended by 
this title; and 
(B) in the case of a civil action under sec-
tion 2318(f) of title 18, United States Code, to 
the electronic transmission of a counterfeit label 
or counterfeit documentation or packaging de-
fined in paragraph (1) or (6) of section 2318(b) 
of title 18, United States Code. 
(b) FAIR USE.—The amendments made by this title 
shall not affect the fair use, under section 107 of title 17, 
United States Code, of a genuine certificate, licensing doc-
ument, registration card, similar labeling component, or 
documentation or packaging described in paragraph (4)
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or (5) of section 2318(b) of title 18, United States Code, 
as amended by this title. 
TITLE II—FRAUDULENT ONLINE 
IDENTITY SANCTIONS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Fraudulent Online 
Identity Sanctions Act’’. 
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946. 
Section 35 of the Act entitled ‘‘An Act to provide for 
the registration and protection of trademarks used in com-
merce, to carry out the provisions of certain international 
conventions, and for other purposes’’, approved July 5, 
1946 (commonly referred to as the ‘‘Trademark Act of 
1946’’; 15 U.S.C. 1117), is amended by adding at the end 
the following new subsection: 
‘‘(e) In the case of a violation referred to in this sec-
tion, it shall be a rebuttable presumption that the violation 
is willful for purposes of determining relief if the violator, 
or a person acting in concert with the violator, knowingly 
provided or knowingly caused to be provided materially 
false contact information to a domain name registrar, do-
main name registry, or other domain name registration 
authority in registering, maintaining, or renewing a do-
main name used in connection with the violation. Nothing
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in this subsection limits what may be considered a willful 
violation under this section.’’. 
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE. 
Section 504(c) of title 17, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) (A) In a case of infringement, it shall be 
a rebuttable presumption that the infringement was 
committed willfully for purposes of determining re-
lief if the violator, or a person acting in concert with 
the violator, knowingly provided or knowingly caused 
to be provided materially false contact information 
to a domain name registrar, domain name registry, 
or other domain name registration authority in reg-
istering, maintaining, or renewing a domain name 
used in connection with the infringement. 
‘‘(B) Nothing in this paragraph limits what 
may be considered willful infringement under this 
subsection. 
‘‘(C) For purposes of this paragraph, the term 
‘domain name’ has the meaning given that term in 
section 45 of the Act entitled ‘An Act to provide for 
the registration and protection of trademarks used 
in commerce, to carry out the provisions of certain 
international conventions, and for other purposes’
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approved July 5, 1946 (commonly referred to as the 
‘Trademark Act of 1946’; 15 U.S.C. 1127).’’. 
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE. 
(a) SENTENCING ENHANCEMENT.—Section 3559 of 
title 18, United States Code, is amended by adding at the 
end the following: 
‘‘(f)(1) If a defendant who is convicted of a felony 
offense (other than offense of which an element is the false 
registration of a domain name) knowingly falsely reg-
istered a domain name and knowingly used that domain 
name in the course of that offense, the maximum impris-
onment otherwise provided by law for that offense shall 
be doubled or increased by 7 years, whichever is less. 
‘‘(2) As used in this section— 
‘‘(A) the term ‘falsely registers’ means registers 
in a manner that prevents the effective identification 
of or contact with the person who registers; and 
‘‘(B) the term ‘domain name’ has the meaning 
given that term is section 45 of the Act entitled ‘An 
Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the pro-
visions of certain international conventions, and for 
other purposes’ approved July 5, 1946 (commonly 
referred to as the ‘Trademark Act of 1946’) (15 
U.S.C. 1127).’’.
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Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the pro-
visions of certain international conventions, and for 
other purposes’’, approved July 5, 1946 (commonly 
referred to as the ‘‘Trademark Act of 1946’’; 15 
U.S.C. 1127). 
SEC. 205. CONSTRUCTION. 
(a) FREE SPEECH AND PRESS.—Nothing in this title 
shall enlarge or diminish any rights of free speech or of 
the press for activities related to the registration or use 
of domain names. 
(b) DISCRETION OF COURTS IN DETERMINING RE-
LIEF.—Nothing in this title shall restrict the discretion 
of a court in determining damages or other relief to be 
assessed against a person found liable for the infringement 
of intellectual property rights. 
(c) DISCRETION
OF
COURTS
IN
DETERMINING 
TERMS OF IMPRISONMENT.—Nothing in this title shall be 
construed to limit the discretion of a court to determine 
the appropriate term of imprisonment for an offense under 
applicable law.
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TITLE III—COURTS 
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE 
DISTRICT OF COLORADO. 
Section 85 of title 28, United States Code, is amend-
ed by inserting ‘‘Colorado Springs,’’ after ‘‘Boulder,’’. 
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN 
DISTRICT OF NEW YORK. 
Section 112(a) of title 28, United States Code, is 
amended by inserting ‘‘Plattsburgh,’’ after ‘‘Malone,’’. 
Passed the House of Representatives September 21, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.