07-05-2011, 08:35 PM
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80/20 Rule
Industry Role:
Join Date: Apr 2010
Location: Los Angeles
Posts: 3,051
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Quote:
Originally Posted by TheSquealer
thats not an argument anymore than arguing that microsoft.org has "less value" than microsoft.com. infringement is infringement...end of story. its not about what could be argued to be the value of a domain at all. you should know that Manwin is entitled to statutory damages - 100k per instance (maximum), i believe. the value of the domain is irrelevant.
further, registrars agree all the time to block TM domains from being registered.
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According to S.1255 -- Anticybersquatting Consumer Protection Act, which was passed as a U.S. law, the penalty for willful registration or use of a trademark in a domain is subject to a judgment of up to $300k per infringing domain plus legal fees.
Quote:
SEC. 3. TRADEMARK REMEDIES.
(a) RECOVERY FOR VIOLATION OF RIGHTS- Section 35 of the Act entitled `An Act to provide for the registration and protection of trade-marks 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:
`(d)(1) In this subsection, the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)).
`(2)(A) In a case involving the registration or use of an identifier described in subparagraph (B), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection (a)--
`(i) an award of statutory damages in the amount of--
`(I) not less than $1,000 or more than $100,000 per trademark per identifier, as the court considers just; or
`(II) if the court finds that the registration or use of the registered trademark as an identifier was willful, not less than $3,000 or more than $300,000 per trademark per identifier, as the court considers just; and
`(ii) full costs and reasonable attorney's fees.
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