118 STAT. 3916 PUBLIC LAW 108–482—DEC. 23, 2004 (B) in the case of a civil action under section 2318(f) of title 18, United States Code, to the electronic trans- mission of a counterfeit label or counterfeit documentation or packaging defined in paragraph (1) or (6) of section 2318(b) of title 18, United States Code. (b) FAIR USE.—The amendments made by this title shall not affect the fair use, under section 107 of title 17, United States Code, of a genuine certificate, licensing document, registration card, similar labeling component, or documentation or packaging described in paragraph (4) or (5) of section 2318(b) of title 18, United States Code, as amended by this title. TITLE II—FRAUDULENT ONLINE IDENTITY SANCTIONS SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Fraudulent Online Identity Sanctions Act’’. SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946. Section 35 of the Act entitled ‘‘An Act to provide for the registra- tion 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 referred to as the ‘‘Trademark Act of 1946’’; 15 U.S.C. 1117), is amended by adding at the end the following new subsection: ‘‘(e) In the case of a violation referred to in this section, it shall be a rebuttable presumption that the violation is willful for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the violation. Nothing in this subsection limits what may be considered a willful violation under this section.’’. SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE. Section 504(c) of title 17, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) (A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or know- ingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement. ‘‘(B) Nothing in this paragraph limits what may be consid- ered willful infringement under this subsection. ‘‘(C) For purposes of this paragraph, the term ‘domain name’ has the meaning given that term in section 45 of the Act entitled ‘An Act to provide for the registration and protec- tion of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’ 15 USC 1051 note. Fraudulent Online Identity Sanctions Act. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00450 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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