False Whois Data to Create Presumption of Wilful Infringement

On December 9, 2004 Congress passed the Intellectual Property Protection and Courts Amendments Act of 2004 (H.R. 3632). The International Trademark Association is reporting that President Bush is expected to sign the legislation into law.

If enacted, the bill will rewrite federal criminal code provisions regarding trafficking in counterfeit labels and also create a new Subsection 35(e)of the Lanham Act (15 USC 1117) with regard to willful infringement. On the latter point, it will create a rebuttable presumption that the infringement in connection with an online location was committed willfully for purposes of determining relief where the violator knowingly provided or caused to be provided materially false "Whois" contact information.