§ 149 — Civil remedies

§ 149. Civil remedies. 1. Upon the commission of a violation of this\narticle, an application may be made by the attorney general to a court\nhaving jurisdiction to issue an injunction against the person or entity\nthat registered the domain name in violation of this article, and upon\nnotice to the respondent of not less than five days, the court may award\ninjunctive relief, including the forfeiture or cancellation of the\ndomain name. Upon receipt of a court order for injunctive relief, the\nregistrar, domain name registry or other domain name registration\nauthority with which the person or entity has registered the domain name\nwith, shall comply with such order's requirements. If it shall appear to\nthe satisfaction of the court that the person or entity who registered\nthe domain name with the registrar, domain name registry or other domain\nname registration authority, has committed a violation of this article,\nthe court shall enjoin and restrain such person or entity from any\nfurther violation without requiring proof that any person has, in fact,\nbeen injured or damaged thereby.\n 2. In addition to injunctive relief, the court may fine the person or\nentity that registered a domain name in violation of this article, one\nthousand dollars for each day the violation occurs. The court may also\norder the transfer of the domain name as part of the relief awarded.\n 3. The registrar, domain name registry or other domain name\nregistration authority shall not be liable for injunctive or monetary\nrelief under this section except in the case of bad faith or reckless\ndisregard, which includes a willful failure to comply with any court\norder.\n 4. In a civil action commenced under this section, a domain name shall\nbe deemed to have its situs within the state if the domain name\nregistrar, registry, or other domain name authority that registered or\nassigned the domain name is located within the state.\n