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August 5, 1999

S. 1255 - Anticybersquatting Consumer Protection Act
(Senator Abraham (R) Michigan and 5 cosponsors)

The Administration does not support Senate passage of S. 1255.

Federal courts have already handled a number of cybersquatting cases, and the Administration believes that these cases show that these courts are friendly to the victims of cybersquatting. Absent any showing that the legitimate interests of trademark holders are not being protected, it would be better to allow courts to continue to develop a body of case law in this area.

The Administration is also concerned that other countries may view any legislation enacted in the United States as an invitation to enact their own, potentially conflicting approaches to cybersquatting. This could result in uncertainty and additional expense for trademark owners attempting to protect the value of their trademarks. During the past 14 months, the World Intellectual Property Organization has undertaken an extensive review of the cybersquatting problem, and it has developed a body of recommendations that are being widely reviewed by concerned parties. The Administration believes that it would be better to allow both private stakeholders and government authorities time to consider and further refine these recommendations before enacting Federal cybersquatting law.

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