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CA SB342
Bill
AI Summary
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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.
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Exempts names connected to works of authorship and names registered with consent from the person or authorized representative of the entity.
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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.
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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.
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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