Legislation
SECTION 149
Civil remedies
General Business (GBS) CHAPTER 20, ARTICLE 9-C
§ 149. Civil remedies. 1. Upon the commission of a violation of this
article, an application may be made by the attorney general to a court
having jurisdiction to issue an injunction against the person or entity
that registered the domain name in violation of this article, and upon
notice to the respondent of not less than five days, the court may award
injunctive relief, including the forfeiture or cancellation of the
domain name. Upon receipt of a court order for injunctive relief, the
registrar, domain name registry or other domain name registration
authority with which the person or entity has registered the domain name
with, shall comply with such order's requirements. If it shall appear to
the satisfaction of the court that the person or entity who registered
the domain name with the registrar, domain name registry or other domain
name registration authority, has committed a violation of this article,
the court shall enjoin and restrain such person or entity from any
further violation without requiring proof that any person has, in fact,
been injured or damaged thereby.
2. In addition to injunctive relief, the court may fine the person or
entity that registered a domain name in violation of this article, one
thousand dollars for each day the violation occurs. The court may also
order the transfer of the domain name as part of the relief awarded.
3. The registrar, domain name registry or other domain name
registration authority shall not be liable for injunctive or monetary
relief under this section except in the case of bad faith or reckless
disregard, which includes a willful failure to comply with any court
order.
4. In a civil action commenced under this section, a domain name shall
be deemed to have its situs within the state if the domain name
registrar, registry, or other domain name authority that registered or
assigned the domain name is located within the state.
article, an application may be made by the attorney general to a court
having jurisdiction to issue an injunction against the person or entity
that registered the domain name in violation of this article, and upon
notice to the respondent of not less than five days, the court may award
injunctive relief, including the forfeiture or cancellation of the
domain name. Upon receipt of a court order for injunctive relief, the
registrar, domain name registry or other domain name registration
authority with which the person or entity has registered the domain name
with, shall comply with such order's requirements. If it shall appear to
the satisfaction of the court that the person or entity who registered
the domain name with the registrar, domain name registry or other domain
name registration authority, has committed a violation of this article,
the court shall enjoin and restrain such person or entity from any
further violation without requiring proof that any person has, in fact,
been injured or damaged thereby.
2. In addition to injunctive relief, the court may fine the person or
entity that registered a domain name in violation of this article, one
thousand dollars for each day the violation occurs. The court may also
order the transfer of the domain name as part of the relief awarded.
3. The registrar, domain name registry or other domain name
registration authority shall not be liable for injunctive or monetary
relief under this section except in the case of bad faith or reckless
disregard, which includes a willful failure to comply with any court
order.
4. In a civil action commenced under this section, a domain name shall
be deemed to have its situs within the state if the domain name
registrar, registry, or other domain name authority that registered or
assigned the domain name is located within the state.