§ 148 — Unlawful registration of domain name

New York § 148

• Jurisdiction: New York
• Law GBS: General Business
• Art. 9-C: Cyber Piracy Protections; Domain Names

Text

§ 148. Unlawful registration of domain name. 1. No person or entity\nshall register a domain name that consists of the name of another living\nperson, or a name substantially and confusingly similar thereto, without\nthat person's or entity's consent, with the specific intent to profit\nfrom such name by selling the domain name for financial gain to that\nperson or any third party.\n 2. A person or entity shall be only liable for a violation of\nsubdivision one of this section if such person or entity is the domain\nname registrant or such registrant's authorized licensee.\n 3. A person or entity who in good faith registers a domain name\nconsisting of the name of another living person, or a name substantially\nand confusingly similar thereto, shall not be liable under this section\nif such name is used in, affiliated with, or related to a work of\nauthorship protected under title 17 USC, including a work made for hire\nas defined in 17 USC 101, and if the person or entity registering the\ndomain name is the copyright owner or licensee of the work, the person\nor entity intends to sell the domain name in conjunction with the lawful\nexploitation of the work, and such registration is not prohibited by a\ncontract between the registrant and the named person.\n