2013 New York Consolidated Laws
GBS - General Business
Article 9-C - (146 - 149) CYBER PIRACY PROTECTIONS; DOMAIN NAMES
149 - Civil remedies.


NY Gen Bus L § 149 (2012) What's This?
 
    §  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.

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