Section 149. Civil remedies


Latest version.
  • 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.