15 U.S.C. § 1114 : US Code - Section 1114: Remedies; infringement; innocent infringement by printers and publishers

Search 15 U.S.C. § 1114 : US Code - Section 1114: Remedies; infringement; innocent infringement by printers and publishers

(1) Any person who shall, without the consent of the registrant -

(a) use in commerce any reproduction, counterfeit, copy, or
colorable imitation of a registered mark in connection with the
sale, offering for sale, distribution, or advertising of any
goods or services on or in connection with which such use is
likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a
registered mark and apply such reproduction, counterfeit, copy,
or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements intended to be used in
commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in
connection with which such use is likely to cause confusion, or
to cause mistake, or to deceive,
shall be liable in a civil action by the registrant for the
remedies hereinafter provided. Under subsection (b) hereof, the
registrant shall not be entitled to recover profits or damages
unless the acts have been committed with knowledge that such
imitation is intended to be used to cause confusion, or to cause
mistake, or to deceive.
As used in this paragraph, the term "any person" includes the
United States, all agencies and instrumentalities thereof, and all
individuals, firms, corporations, or other persons acting for the
United States and with the authorization and consent of the United
States, and any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State acting
in his or her official capacity. The United States, all agencies
and instrumentalities thereof, and all individuals, firms,
corporations, other persons acting for the United States and with
the authorization and consent of the United States, and any State,
and any such instrumentality, officer, or employee, shall be
subject to the provisions of this chapter in the same manner and to
the same extent as any nongovernmental entity.
(2) Notwithstanding any other provision of this chapter, the
remedies given to the owner of a right infringed under this chapter
or to a person bringing an action under section 1125(a) or (d) of
this title shall be limited as follows:
(A) Where an infringer or violator is engaged solely in the
business of printing the mark or violating matter for others and
establishes that he or she was an innocent infringer or innocent
violator, the owner of the right infringed or person bringing the
action under section 1125(a) of this title shall be entitled as
against such infringer or violator only to an injunction against
future printing.
(B) Where the infringement or violation complained of is
contained in or is part of paid advertising matter in a
newspaper, magazine, or other similar periodical or in an
electronic communication as defined in section 2510(12) of title
18, the remedies of the owner of the right infringed or person
bringing the action under section 1125(a) of this title as
against the publisher or distributor of such newspaper, magazine,
or other similar periodical or electronic communication shall be
limited to an injunction against the presentation of such
advertising matter in future issues of such newspapers,
magazines, or other similar periodicals or in future
transmissions of such electronic communications. The limitations
of this subparagraph shall apply only to innocent infringers and
innocent violators.
(C) Injunctive relief shall not be available to the owner of
the right infringed or person bringing the action under section
1125(a) of this title with respect to an issue of a newspaper,
magazine, or other similar periodical or an electronic
communication containing infringing matter or violating matter
where restraining the dissemination of such infringing matter or
violating matter in any particular issue of such periodical or in
an electronic communication would delay the delivery of such
issue or transmission of such electronic communication after the
regular time for such delivery or transmission, and such delay
would be due to the method by which publication and distribution
of such periodical or transmission of such electronic
communication is customarily conducted in accordance with sound
business practice, and not due to any method or device adopted to
evade this section or to prevent or delay the issuance of an
injunction or restraining order with respect to such infringing
matter or violating matter.
(D)(i)(I) A domain name registrar, a domain name registry, or
other domain name registration authority that takes any action
described under clause (ii) affecting a domain name shall not be
liable for monetary relief or, except as provided in subclause
(II), for injunctive relief, to any person for such action,
regardless of whether the domain name is finally determined to
infringe or dilute the mark.
(II) A domain name registrar, domain name registry, or other
domain name registration authority described in subclause (I) may
be subject to injunctive relief only if such registrar, registry,
or other registration authority has -
(aa) not expeditiously deposited with a court, in which an
action has been filed regarding the disposition of the domain
name, documents sufficient for the court to establish the
court's control and authority regarding the disposition of the
registration and use of the domain name;
(bb) transferred, suspended, or otherwise modified the domain
name during the pendency of the action, except upon order of
the court; or
(cc) willfully failed to comply with any such court order.
(ii) An action referred to under clause (i)(I) is any action of
refusing to register, removing from registration, transferring,
temporarily disabling, or permanently canceling a domain name -
(I) in compliance with a court order under section 1125(d) of
this title; 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 dilutive of another's mark.
(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, 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 action. 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
chapter. The court may grant injunctive relief to the domain name
registrant, including the reactivation of the domain name or
transfer of the domain name to the domain name registrant.
(E) As used in this paragraph -
(i) the term "violator" means a person who violates section
1125(a) of this title; and
(ii) the term "violating matter" means matter that is the
subject of a violation under section 1125(a) of this title.
(3)(A) Any person who engages in the conduct described in
paragraph (11) of section 110 of title 17 and who complies with the
requirements set forth in that paragraph is not liable on account
of such conduct for a violation of any right under this chapter.
This subparagraph does not preclude liability, nor shall it be
construed to restrict the defenses or limitations on rights granted
under this chapter, of a person for conduct not described in
paragraph (11) of section 110 of title 17, even if that person also
engages in conduct described in paragraph (11) of section 110 of
such title.
(B) A manufacturer, licensee, or licensor of technology that
enables the making of limited portions of audio or video content of
a motion picture imperceptible as described in subparagraph (A) is
not liable on account of such manufacture or license for a
violation of any right under this chapter, if such manufacturer,
licensee, or licensor ensures that the technology provides a clear
and conspicuous notice at the beginning of each performance that
the performance of the motion picture is altered from the
performance intended by the director or copyright holder of the
motion picture. The limitations on liability in subparagraph (A)
and this subparagraph shall not apply to a manufacturer, licensee,
or licensor of technology that fails to comply with this paragraph.
(C) The requirement under subparagraph (B) to provide notice
shall apply only with respect to technology manufactured after the
end of the 180-day period beginning on April 27, 2005.
(D) Any failure by a manufacturer, licensee, or licensor of
technology to qualify for the exemption under subparagraphs (A) and
(B) shall not be construed to create an inference that any such
party that engages in conduct described in paragraph (11) of
section 110 of title 17 is liable for trademark infringement by
reason of such conduct.