Page:United States Statutes at Large Volume 113 Part 2.djvu/1069

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PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-551 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. SEC. 3007. HISTORIC PRESERVATION. Section 101(a)(1)(A) of the National Historic Preservation Act (16 U.S.C. 470a(a)(l)(A)) is amended by adding at the end the following: "Notwithstanding section 43(c) of the Act entitled 'An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (commonly known as the Trademark Act of 1946' (15 U.S.C. 1125(c))), buildings and structures on or eligplble for inclusion on the National Register of Historic Places (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure.". SEC. 3008. SAVINGS CLAUSE. Nothing in this title shall affect any defense available to a defendant under the Trademark Act of 1946 (including any defense under section 43(c)(4) of such Act or relating to fair use) or a person's right of free speech or expression under the first amendment of the United States Constitution. SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS. Chapter 85 of title 28, United States (IDode, is amended as follows: (1) Section 1338 of title 28, United States Code, is amended— (A) in the section heading by striking "trade-marks" and inserting "trademarks"; (B) in subsection (a) by striking "trade-marks" and inserting "trademarks"; and