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CA SB342

Bill

Status

Passed

9/25/2020

Primary Sponsor

Bob Hertzberg

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Prohibits registering, trafficking in, or using a domain or subdomain name that is identical or confusingly similar (including misspellings) to a living person's name, deceased personality's name, or specified entities like sports teams, venues, or events, when done with bad faith intent to sell or resell goods.

  • Exempts names connected to works of authorship and names registered with consent from the person or authorized representative of the entity.

  • Creates a presumption of bad faith intent if a domain or subdomain name is registered, trafficked in, or used without consent from the rightful owner, shifting the burden of proof to the defendant.

  • Authorizes courts to consider factors in determining bad faith intent, including intent to divert consumers to harm goodwill through confusion about source, sponsorship, or endorsement.

  • Establishes a private right of action for violations with remedies including actual damages, consequential damages, punitive damages if warranted, and reasonable attorney's fees; makes remedies cumulative with other available remedies.

Legislative Description

Misleading advertising: domain and subdomain names.

Last Action

Chaptered by Secretary of State. Chapter 162, Statutes of 2020.

9/25/2020

Committee Referrals

Appropriations8/19/2019
Judiciary6/26/2019
Privacy and Consumer Protection6/10/2019
Appropriations5/2/2019
Judiciary4/3/2019
Rules2/19/2019

Full Bill Text

No bill text available