Section 148. Unlawful registration of domain name  


Latest version.
  • 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.