Notes on 15 U.S.C. § 1125 : US Code - Notes

Search Notes on 15 U.S.C. § 1125 : US Code - Notes

(July 5, 1946, ch. 540, title VIII, Sec. 43, 60 Stat. 441; Pub. L.
100-667, title I, Sec. 132, Nov. 16, 1988, 102 Stat. 3946; Pub. L.
102-542, Sec. 3(c), Oct. 27, 1992, 106 Stat. 3568; Pub. L. 104-98,
Sec. 3(a), Jan. 16, 1996, 109 Stat. 985; Pub. L. 106-43, Secs.
3(a)(2), 5, Aug. 5, 1999, 113 Stat. 219, 220; Pub. L. 106-113, div.
B, Sec. 1000(a)(9) [title III, Sec. 3002(a)], Nov. 29, 1999, 113
Stat. 1536, 1501A-545.)
REFERENCES IN TEXT
Acts March 3, 1881, and February 20, 1905, referred to in subsec.
(c)(1)(H), (3), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502, and
Feb. 20, 1905, ch. 592, 33 Stat. 724, which were repealed insofar
as inconsistent with this chapter by act July 5, 1946, ch. 540,
Sec. 46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to
sections 81 to 109 of this title.
PRIOR PROVISIONS
Act Mar. 19, 1920, ch. 104, Sec. 3, 41 Stat. 534.
AMENDMENTS
1999 - Subsec. (a)(3). Pub. L. 106-43, Sec. 5, added par. (3).
Subsec. (c)(2). Pub. L. 106-43, Sec. 3(a)(2), inserted "as set
forth in section 1116 of this title" after "relief" in first
sentence.
Subsec. (d). Pub. L. 106-113 added subsec. (d).
1996 - Subsec. (c). Pub. L. 104-98 added subsec. (c).
1992 - Subsec. (a). Pub. L. 102-542 designated existing
provisions as par. (1), redesignated former pars. (1) and (2) as
subpars. (A) and (B), respectively, and added par. (2).
1988 - Subsec. (a). Pub. L. 100-667 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: "Any
person who shall affix, apply, or annex, or use in connection with
any goods or services, or any container or containers for goods, a
false designation of origin, or any false description or
representation, including words or other symbols tending falsely to
describe or represent the same, and shall cause such goods or
services to enter into commerce, and any person who shall with
knowledge of the falsity of such designation of origin or
description or representation cause or procure the same to be
transported or used in commerce or deliver the same to any carrier
to be transported or used, shall be liable to a civil action by any
person doing business in the locality falsely indicated as that of
origin or in the region in which said locality is situated, or by
any person who believes that he is or is likely to be damaged by
the use of any such false description or representation."
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 applicable to all domain names
registered before, on, or after Nov. 29, 1999, see section
1000(a)(9) [title III, Sec. 3010] of Pub. L. 106-113, set out as a
note under section 1117 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 5 of Pub. L. 104-98 provided that: "This Act [amending
this section and section 1127 of this title and enacting provisions
set out as a note under section 1051 of this title] and the
amendments made by this Act shall take effect on the date of the
enactment of this Act [Jan. 16, 1996]."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-542 effective with respect to violations
that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102-
542, set out as a note under section 1114 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-667 effective one year after Nov. 16,
1988, see section 136 of Pub. L. 100-667, set out as a note under
section 1051 of this title.
REPEAL AND EFFECT ON EXISTING RIGHTS
Repeal of inconsistent provisions, effect of this chapter on
pending proceedings and existing registrations and rights under
prior acts, see notes set out under section 1051 of this title.
STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES
Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, Sec. 3006],
Nov. 29, 1999, 113 Stat. 1536, 1501A-550, provided that:
"(a) In General. - Not later than 180 days after the date of the
enactment of this Act [Nov. 29, 1999], the Secretary of Commerce,
in consultation with the Patent and Trademark Office and the
Federal Election Commission, shall conduct a study and report to
Congress with recommendations on guidelines and procedures for
resolving disputes involving the registration or use by a person of
a domain name that includes the personal name of another person, in
whole or in part, or a name confusingly similar thereto, including
consideration of and recommendations for -
"(1) protecting personal names from registration by another
person as a second level domain name for purposes of selling or
otherwise transferring such domain name to such other person or
any third party for financial gain;
"(2) protecting individuals from bad faith uses of their
personal names as second level domain names by others with
malicious intent to harm the reputation of the individual or the
goodwill associated with that individual's name;
"(3) protecting consumers from the registration and use of
domain names that include personal names in the second level
domain in manners which are intended or are likely to confuse or
deceive the public as to the affiliation, connection, or
association of the domain name registrant, or a site accessible
under the domain name, with such other person, or as to the
origin, sponsorship, or approval of the goods, services, or
commercial activities of the domain name registrant;
"(4) protecting the public from registration of domain names
that include the personal names of government officials, official
candidates, and potential official candidates for Federal, State,
or local political office in the United States, and the use of
such domain names in a manner that disrupts the electoral process
or the public's ability to access accurate and reliable
information regarding such individuals;
"(5) existing remedies, whether under State law or otherwise,
and the extent to which such remedies are sufficient to address
the considerations described in paragraphs (1) through (4); and
"(6) the guidelines, procedures, and policies of the Internet
Corporation for Assigned Names and Numbers and the extent to
which they address the considerations described in paragraphs (1)
through (4).
"(b) Guidelines and Procedures. - The Secretary of Commerce
shall, under its Memorandum of Understanding with the Internet
Corporation for Assigned Names and Numbers, collaborate to develop
guidelines and procedures for resolving disputes involving the
registration or use by a person of a domain name that includes the
personal name of another person, in whole or in part, or a name
confusingly similar thereto."