Legislation
SECTION 148
Unlawful registration of domain name
General Business (GBS) CHAPTER 20, ARTICLE 9-C
§ 148. Unlawful registration of domain name. 1. No person or entity
shall register 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 the specific intent to profit
from such name by selling the domain name for financial gain to that
person or any third party.
2. A person or entity shall be only liable for a violation of
subdivision one of this section if such person or entity is the domain
name registrant or such registrant's authorized licensee.
3. 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, shall not be liable under this section
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.
shall register 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 the specific intent to profit
from such name by selling the domain name for financial gain to that
person or any third party.
2. A person or entity shall be only liable for a violation of
subdivision one of this section if such person or entity is the domain
name registrant or such registrant's authorized licensee.
3. 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, shall not be liable under this section
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.