[ga] New York State Domain Law

[Danny Younger <dannyyounger@xxxxxxxxx>]

[excerpt]  
A measure sponsored by Senator Betty Little
(R,C,I-Queensbury) aimed at preventing a person from
registering a domain name that is similar to or the
same as another living person or business with the
specific intent to profit from selling the domain name
to that person or business has been signed into law.

Little said the new law, approved by Governor Eliot
Spitzer on Wednesday, August 1, will prohibit a person
or entity from registering a domain name that consists
of the name of another living person, or a name
substantially and confusingly similar thereto, without
that person's or entity's consent, with specific
intent to profit from such name by selling the domain
name for financial gain to that person or any third
party.

A person or entity will only be liable for a violation
if they are the domain name registrant or such
registrant's authorized licensee. A person or entity
who in good faith registers a domain name consisting
of the name of another living person, or a name
substantially and confusingly similar thereto, will
not be liable if such name is used in, affiliated
with, or related to a work of authorship protected
under title 17 USC, including a work made for hire as
defined in 17 USC 101, and if the person or entity
registering the domain name is the copyright owner or
licensee of the work, the person or entity intends to
sell the domain name in conjunction with the lawful
exploitation of the work, and such registration is not
prohibited by a contract between the registrant and
the named person. 

The law provides for a civil penalty of up to $1,000
for each day the violation occurs. In addition, the
New York State Attorney General is enabled to apply to
the Supreme Court for an injunction, including
forfeiture or cancellation of the domain name. The
registrar, domain name registry or other domain name
registration authority will not be liable for
injunctive or monetary relief under this section
except in bad faith or reckless disregard, which
includes willful failure to comply with any court
order. 

The law will take effect in 120 days.

http://www.senatorlittle.com/press_archive_story.asp?id=17598


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