
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1114]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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.

(July 5, 1946, ch. 540, title VI, Sec. 32, 60 Stat. 437; Pub. L. 87-772, 
Sec. 17, Oct. 9, 1962, 76 Stat. 773; Pub. L. 100-667, title I, Sec. 127, 
Nov. 16, 1988, 102 Stat. 3943; Pub. L. 102-542, Sec. 3(a), Oct. 27, 
1992, 106 Stat. 3567; Pub. L. 105-330, title II, Sec. 201(a)(8), Oct. 
30, 1998, 112 Stat. 3070; Pub. L. 106-43, Sec. 4(a), Aug. 5, 1999, 113 
Stat. 219; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title III, 
Sec. 3004], Nov. 29, 1999, 113 Stat. 1536, 1501A-549.)


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Sec. 16, 33 Stat. 728; Mar. 19, 1920, 
ch. 104, Sec. 4, 41 Stat. 534.


                               Amendments

    1999--Par. (1). Pub. L. 106-43, in undesignated par., inserted after 
``includes'' in first sentence ``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'' and, in second sentence, 
substituted ``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'' for ``Any''.
    Par. (2). Pub. L. 106-113, Sec. 1000(a)(9) [title III, 
Sec. 3004(1)], in introductory provisions, substituted ``under section 
1125(a) or (d) of this title'' for ``under section 1125(a) of this 
title''.
    Par. (2)(D), (E). Pub. L. 106-113, Sec. 1000(a)(9) [title III, 
Sec. 3004(2)], added subpar. (D) and redesignated former subpar. (D) as 
(E).
    1998--Par. (1). Pub. L. 105-330 substituted ``As used in this 
paragraph'' for ``As used in this subsection'' in last paragraph.
    1992--Par. (1). Pub. L. 102-542 inserted at end ``As used in this 
subsection, the term `any person' includes 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. 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.''
    1988--Par. (2). Pub. L. 100-667 amended par. (2) generally. Prior to 
amendment, par. (2) read as follows: ``Notwithstanding any other 
provision of this chapter, the remedies given to the owner of the right 
infringed shall be limited as follows: (a) Where an infringer in engaged 
solely in the business of printing the mark for others and establishes 
that he was an innocent infringer the owner of the right infringed shall 
be entitled as against such infringer only to an injunction against 
future printing; (b) where the infringement complained of is contained 
in or is part of paid advertising matter in a newspaper, magazine, or 
other similar periodical the remedies of the owner of the right 
infringed as against the publisher or distributor of such newspaper, 
magazine, or other similar periodical shall be confined to an injunction 
against the presentation of such advertising matter in future issues of 
such newspapers, magazines, or other similar periodical: Provided, That 
these limitations shall apply only to innocent infringers; (c) 
injunction relief shall not be available to the owner of the right 
infringed in respect of an issue of a newspaper, magazine, or other 
similar periodical containing infringing matter when restraining the 
dissemination of such infringing matter in any particular issue of such 
periodical would delay the delivery of such issue after the regular time 
therefor, and such delay would be due to the method by which publication 
and distribution of such periodical is customarily conducted in 
accordance with sound business practice, and not to any method or device 
adopted for the evasion of this section or to prevent or delay the 
issuance of an injunction or restraining order with respect to such 
infringing matter.''
    1962--Par. (1). Pub. L. 87-772 amended provisions generally, and 
among other changes, inserted ``distribution'', and struck out 
``purchasers as to the source of origin of such goods or services'' 
after ``or to deceive'' in subsec. (a), inserted provisions regarding 
the likelihood of such use causing confusion, mistake, or deception, in 
subsec. (b), and struck out the limitation on recovery under subsec. (b) 
to acts committed with knowledge that such acts would deceive 
purchasers.
    Par. (2)(b). Pub. L. 87-772 substituted ``publisher'' for 
``published''.


                    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 1998 Amendment

    Amendment by Pub. L. 105-330 effective Oct. 30, 1998, and applicable 
only to any civil action filed or proceeding before the United States 
Patent and Trademark Office commenced on or after such date relating to 
the registration of a mark, see section 201(b) of Pub. L. 105-330, set 
out as a note under section 1051 of this title.


                    Effective Date of 1992 Amendment

    Section 4 of Pub. L. 102-542 provided that: ``The amendments made by 
this Act [enacting section 1122 of this title and amending this section 
and sections 1125 and 1127 of this title] shall take effect with respect 
to violations that occur on or after the date of the enactment of this 
Act [Oct. 27, 1992].''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1115, 1116, 1117, 1122 of 
this title.
