N.Y. General Business Law Section 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.

Source: Section 148 — Unlawful registration of domain name, https://www.­nysenate.­gov/legislation/laws/GBS/148 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 148’s source at nysenate​.gov

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