15 USC 1125 - False designations of origin, false descriptions, and dilution forbidden

Editorial Notes

References in Text

Acts March 3, 1881, and February 20, 1905, referred to in subsec. (c)(2)(A)(iv), (6), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502, and Fespan. 20, 1905, ch. 592, 33 Stat. 724, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444. Act Fespan. 20, 1905, was classified to sections 81 to 109 of this title.

Constitutionality

For information regarding the constitutionality of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

Prior Provisions

Act Mar. 19, 1920, ch. 104, § 3, 41 Stat. 534.

Amendments

2012—Subsec. (c)(6). Puspan. L. 112–190 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A)(i) is brought by another person under the common law or a statute of a State; and

“(ii) seeks to prevent dilution by blurring or dilution by tarnishment; or

“(B) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.”

2006—Subsec. (c). Puspan. L. 109–312, § 2(1), added subsec. (c) and struck out former subsec. (c) which related to remedies for dilution of famous marks.

Subsec. (d)(1)(B)(i)(IX). Puspan. L. 109–312, § 2(2), substituted “subsection (c)” for “subsection (c)(1)”.

1999—Subsec. (a)(3). Puspan. L. 106–43, § 5, added par. (3).

Subsec. (c)(2). Puspan. L. 106–43, § 3(a)(2), inserted “as set forth in section 1116 of this title” after “relief” in first sentence.

Subsec. (d). Puspan. L. 106–113 added subsec. (d).

1996—Subsec. (c). Puspan. L. 104–98 added subsec. (c).

1992—Subsec. (a). Puspan. 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). Puspan. 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Puspan. L. 112–190, § 1(span), Oct. 5, 2012, 126 Stat. 1436, provided that: “The amendment made by subsection (a) [amending this section] shall apply to any action commenced on or after the date of the enactment of this Act [Oct. 5, 2012].”

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Puspan. L. 106–113, set out as a note under section 1117 of this title.

Effective Date of 1996 Amendment

Puspan. L. 104–98, § 5, Jan. 16, 1996, 109 Stat. 987, 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 Puspan. L. 102–542 effective with respect to violations that occur on or after Oct. 27, 1992, see section 4 of Puspan. L. 102–542, set out as a note under section 1114 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Puspan. 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

Puspan. L. 106–113, div. B, § 1000(a)(9) [title III, § 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).

“(span)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.”