Trademark Cyberpiracy Prevention Act

Trademark Cyberpiracy Prevention Act - Amends the Trademark Act of 1946 to make liable in a civil action by the owner of a trademark or service mark any person who, with a bad faith intent to profit from the mark, regardless of the parties' goods or services, registers, traffics in, or uses a domain name which, at the time of its registration, is: (1) identical or confusingly similar to a distinctive mark; or (2) dilutive of a famous mark (including protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization). Specifies factors for the court to consider in determining bad faith intent. Limits the actionable use of a domain name to use by the domain name registrant or the registrant's authorized licensee.(Sec. 2) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner.Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner.(Sec. 3) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful.(Sec. 4) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office (USPTO Principal Registry) (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization).Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name.Makes liable to a domain name registrant for any damages, and at the court's discretion injunctive relief (including reactivation or transfer to the registrant of the domain name), any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the USPTO Principal Registry (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization), and a registrar, registry, or other registration authority takes such an action based on such misrepresentation.Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under such Act.