Cyberpiracy prevention Clause Samples
Cyberpiracy prevention. (A) A person shall be liable in a civil action by the owner of a ▇▇▇▇, including a personal name which is protected as a ▇▇▇▇ under this section, if, without regard to the goods or serv- ices of the parties, that person—
(i) has a bad faith intent to profit from that ▇▇▇▇, including a personal name which is pro- tected as a ▇▇▇▇ under this section; and
(ii) registers, traffics in, or uses a domain name that—
(I) in the case of a ▇▇▇▇ that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that ▇▇▇▇;
(II) in the case of a famous ▇▇▇▇ that is famous at the time of registration of the do- main name, is identical or confusingly simi- lar to or dilutive of that ▇▇▇▇; or
(III) is a trademark, word, or name pro- tected by reason of section 706 of title 18 or section 220506 of title 36.
(i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to—
(I) the trademark or other intellectual prop- erty rights of the person, if any, in the domain name;
(II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person;
(III) the person’s prior use, if any, of the do- main name in connection with the bona fide offering of any goods or services;
(IV) the person’s bona fide noncommercial or fair use of the ▇▇▇▇ in a site accessible under the domain name;
(V) the person’s intent to divert consumers from the ▇▇▇▇ owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the ▇▇▇▇, either for commercial gain or with the intent to tarnish or disparage the ▇▇▇▇, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorse- ment of the site;
(VI) the person’s offer to transfer, sell, or otherwise assign the domain name to the ▇▇▇▇ owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offer- ing of any goods or services, or the person’s prior conduct indicating a pattern of such con- duct;
(VII) the person’s provision of material and misleading false contact information when ap- plying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct;
(VIII) the person’s registration or acquisi-...