§481B-24 - Exceptions.
[§481B-24]
Exceptions. (a) A person 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 section 481B-22 if the
name is used in, affiliated with, or related to a work of authorship protected
under Title 17, United States Code, including a work made for hire as defined
in section 101 of Title 17, United States Code, and if the person registering
the domain name is the copyright owner or licensee of the work, the person
intends to sell the domain name in conjunction with the lawful exploitation of
the work, and the registration is not prohibited by a contract between the
registrant and the named person. The exception under this subsection shall
apply only to a civil action brought under this part and shall in no manner
limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051
et seq.) or other federal or state law.
(b) The
domain name registrar or registry or other domain name authority shall not be
liable for damages or other remedies under section 481B-25 for the registration
or maintenance of a domain name for another, regardless of whether the domain
name is finally determined to infringe the mark. [L 2001, c 281, pt of §1]