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91_HB2995
LRB9109159DJcdA
1 AN ACT concerning the Internet, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Trademark Registration and Protection Act
5 is amended by adding Section 67 as follows:
6 (765 ILCS 1036/67 new)
7 Sec. 67. Use of Internet; injunction.
8 (a) In this Section, "professional name" means the name
9 under which an individual or business entity is registered
10 with the Department of Professional Regulation or the
11 Attorney Registration and Disciplinary Commission.
12 (b) Subject to the principles of equity and any terms
13 the court deems reasonable, the following persons are
14 entitled to an injunction against another person's bad faith
15 or disparaging use of a trademark, servicemark, tradename, or
16 professional name as an Internet domain name, Internet
17 address, or uniform resource locator (U.R.L.) or other
18 similar use of a trademark, servicemark, tradename, or
19 professional name:
20 (1) The owner of a trademark or servicemark that is
21 registered with the Secretary.
22 (2) The owner of a tradename that is registered
23 with the Secretary as the name of a domestic or foreign
24 corporation or a fictitious name of such a corporation.
25 (3) An individual or business entity registered
26 with the Department of Professional Regulation or the
27 Attorney Registration and Disciplinary Commission.
28 (c) The remedy provided under this Section is in
29 addition to any other remedy provided under this Act.
30 Section 10. The Uniform Deceptive Trade Practices Act
-2- LRB9109159DJcdA
1 is amended by changing Section 2 as follows:
2 (815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
3 Sec. 2. A person engages in a deceptive trade practice
4 when, in the course of his business, vocation or occupation,
5 he:
6 (1) passes off goods or services as those of another;
7 (2) causes likelihood of confusion or of
8 misunderstanding as to the source, sponsorship, approval or
9 certification of goods or services;
10 (3) causes likelihood of confusion or of
11 misunderstanding as to affiliation, connection or association
12 with or certification by another;
13 (4) uses deceptive representations or designations of
14 geographic origin in connection with goods or services;
15 (5) represents that goods or services have sponsorship,
16 approval, characteristics, ingredients, uses, benefits or
17 quantities that they do not have or that a person has a
18 sponsorship, approval, status, affiliation or connection that
19 he does not have;
20 (6) represents that goods are original or new if they
21 are deteriorated, altered, reconditioned, reclaimed, used or
22 secondhand;
23 (7) represents that goods or services are a particular
24 standard, quality or grade or that goods are a particular
25 style or model, if they are of another;
26 (8) disparages the goods, services or business of
27 another by false or misleading representation of fact;
28 (9) advertises goods or services with intent not to sell
29 them as advertised;
30 (10) advertises goods or services with intent not to
31 supply reasonably expectable public demand, unless the
32 advertisement discloses a limitation of quantity;
33 (11) makes make false or misleading statements of fact
-3- LRB9109159DJcdA
1 concerning the reasons for, existence of or amounts of price
2 reductions;
3 (11.5) uses, in a bad faith or disparaging fashion, as an
4 Internet domain name, Internet address, or uniform resource
5 locator (U.R.L.) or other similar use, a trademark,
6 servicemark, tradename, or professional name of another
7 person, provided that (i) the trademark, servicemark, or
8 tradename is registered with the Secretary of State as a
9 trademark or servicemark or as the name of a domestic or
10 foreign corporation or a fictitious name of such a
11 corporation or (ii) the trademark or servicemark is
12 registered with the United States Patent and Trademark Office
13 on the Principal Register; as used in this paragraph (11.5),
14 "professional name" means the name under which an individual
15 or business entity is registered with the Department of
16 Professional Regulation or the Attorney Registration and
17 Disciplinary Commission;
18 (12) engages in any other conduct which similarly
19 creates a likelihood of confusion or of misunderstanding.
20 In order to prevail in an action under this Act, a
21 plaintiff need not prove competition between the parties or
22 actual confusion or misunderstanding.
23 This Section does not affect unfair trade practices
24 otherwise actionable at common law or under other statutes of
25 this State.
26 (Source: P.A.79-1365)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.