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15 U.S.C. § 8101 — Cyberpiracy protections for individuals
Federal law — U.S. Code and appendices · legal_authorities
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) 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 it
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Stable record: federal_law:legal_authorities:record_usc_1c33bb2846ba8c9e10334c89
Source file: Laws/federal/codes/united-states-code/title-15/section-8101-cyberpiracy-protections-for-individuals--fd21077242.md
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Source location: Title 15, Chapter 107, § 8101; chapter-107-protection-of-intellectual-property-rights.md
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(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section101&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1127&num=0&edition=prelim)).
(4) **Effective date** — This section shall apply to domain names registered on or after November 29, 1999.
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Federal law — U.S. Code and appendices · legal_authorities
In the construction of this chapter, unless the contrary is plainly apparent from the context—
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–548, which related to cyberpiracy protections for individuals, was transferred to [section 8131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8131&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Transition from NIPLECC to IPEC**
(1) **Omitted**
(2) **Continuity of performance of duties** — Upon confirmation by the Senate, and notwithstanding paragraph (1), the IPEC may use the services and personnel of the National Intellectual Property Law Enforcement Coordination Council, for such time as is reasonable, to perform any functions or duties which in the discretion of the IPEC are necessary to facilitate the orderly transition of any functions or duties transferred from the Council to the IPEC pursuant to any provision of this Act or any amendment made by this Act.
**(b) Current authorities not affected** Except as provided in subsection (a), nothing in this subchapter shall alter the authority of any department or agency of the United States (including any independent agency) that relates to—
(1) the investigation and prosecution of violations of laws that protect intellectual property rights;
(2) the administrative enforcement, at the borders of the United States, of laws that protect intellectual property rights; or
(3) the United States trade agreements program or international trade.
**(c) Rules of construction** Nothing in this subchapter—
(1) shall derogate from the powers, duties, and functions of any of the agencies, departments, or other entities listed or included under [section 8111(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8111/b/3/A&num=0&edition=prelim); and
(2) shall be construed to transfer authority regarding the control, use, or allocation of law enforcement resources, or the initiation or prosecution of individual cases or types of cases, from the responsible law enforcement department or agency.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1275
TITLE 15—COMMERCE AND TRADE
§ 1051
1 So in original. The word ‘‘shall’’ probably should not appear.
‘‘An Act to authorize the registration of trade-marks
and protect the same,’’ and also act Aug. 5, 1882, ch. 393,
22 Stat. 298, entitled ‘‘An Act relating to the registra-
tion of trade marks’’. Former section 109 of this title
repealed all inconsistent acts and parts of acts, except
so far as they might apply to certificates of registra-
tion issued under the Trade-Mark Act of Mar. 3, 1881,
ch. 138, and act Aug. 5, 1882, ch. 393.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
This chapter, act July 5, 1946, ch. 540, 60 Stat. 427, be-
came effective one year from July 5, 1946, and repealed
chapter 3 of this title as of that date. See notes under
section 1051 of this title.
SUBCHAPTER I—THE PRINCIPAL REGISTER
§ 1051. Application for registration; verification
(a) Application for use of trademark
(1) The owner of a trademark used in com-
merce may request registration of its trademark
on the principal register hereby established by
paying the prescribed fee and filing in the Pat-
ent and Trademark Office an application and a
verified statement, in such form as may be pre-
scribed by the Director, and such number of
specimens or facsimiles of the mark as used as
may be required by the Director.
(2) The application shall include specification
of the applicant’s domicile and citizenship, the
date of the applicant’s first use of the mark, the
date of the applicant’s first use of the mark in
commerce, the goods in connection with which
the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the ap-
plicant and specify that—
(A) the person making the verification be-
lieves that he or she, or the juristic per
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
Page 1328
TITLE 15—COMMERCE AND TRADE
§ 1127
fective business or commercial establishment in a for-
eign country which was a party to the International
Convention for the Protection of Industrial Property,
or the General Inter-American Convention for Trade
Mark and Commercial Protection, or any other conven-
tion or treaty relating to trademarks, trade, or com-
mercial names.
Subsec. (e). Pub. L. 87–772 inserted ‘‘certification or
a’’ after ‘‘accompanied by a’’ and struck out ‘‘applica-
tion for or’’ before ‘‘registration’’.
1961—Subsec. (d). Pub. L. 87–333 inserted par. at end
authorizing the right provided by this section to be
based upon a subsequent application in the same for-
eign country, instead of the first application, provided
that any foreign application filed prior to such subse-
quent one was withdrawn, or otherwise disposed of,
without having been open to public inspection and
without leaving any rights outstanding, nor any basis
for claiming priority.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–113 effective 4 months
after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
of Pub. L. 106–113, set out as a note under section 1 of
Title 35, Patents.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–330 effective on the date
that is 1 year after Oct. 30, 1998, see section 110 of Pub.
L. 105–330, set out as a note under section 1051 of this
title.
For provisions relating to applicability of amend-
ment by Pub. L. 105–330 to applications for registration
of trademarks, see section 109(b) of Pub. L. 105–330, set
out as a note under section 1051 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–667 effective one year
after Nov. 16, 1988, see s
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1127
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Federal law — U.S. Code and appendices · legal_authorities
Page 2399
TITLE 15—COMMERCE AND TRADE
§ 8101
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date that is 1 day after Dec.
19, 2007, see section 1601 of Pub. L. 110–140, set out as a
note under section 1824 of Title 2, The Congress.
§ 8006. Education and awareness program
(a) In general
The Commission shall establish and carry out
an education and awareness program to inform
the public of methods to prevent drowning and
entrapment in swimming pools and spas. In car-
rying out the program, the Commission shall de-
velop—
(1) educational materials designed for swim-
ming pool and spa manufacturers, service
companies, and supply retail outlets, includ-
ing guidance on barrier and drain cover in-
spection, maintenance, and replacement;
(2) educational materials designed for swim-
ming pool and spa owners and operators, con-
sumers, States, and Indian Tribes; and
(3) a national media campaign to promote
awareness of swimming pool and spa safety.
(b) Authorization of appropriations
There are authorized to be appropriated to the
Commission for fiscal year 2023 $2,500,000 to
carry out the education and awareness program
authorized by subsection (a).
(Pub. L. 110–140, title XIV, § 1407, Dec. 19, 2007,
121 Stat. 1799; Pub. L. 117–328, div. BB, title IV,
§ 403, Dec. 29, 2022, 136 Stat. 5563.)
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–328 amended section generally. Prior
to amendment, section related to establishment of a
pool and spa safety education program.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date that is 1 day after Dec.
19, 2007, see section 1601 of Pub. L. 110–140, set out as a
note under section 1824 of Title 2, The Congress.
§
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 8101
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