Misleading advertising: domain and subdomain names.

Existing law makes it unlawful to, with bad faith intent, traffic in or use a domain name that is identical or confusingly similar to the personal name of another living person or deceased personality without regard to the goods or services of the parties, except if the name is connected to a work of authorship. Existing law authorizes a court to consider specified factors in making a finding regarding bad faith intent, including that it was the intent of the person using the name to divert consumers from the person's or deceased personality's online location to a site that could harm the goodwill of that person or to tarnish or disparage that person. This bill would, instead, make it unlawful for a person, with bad faith intent, to register, traffic in, or use a domain name or subdomain name that is identical or confusingly similar to either the personal name of another living person or deceased personality without regard to goods or services or the name of a specified entity for the purpose of selling or reselling goods, as defined. The bill would provide that confusingly similar includes a misspelling of the domain or subdomain name. The bill would provide that this prohibition does not apply if the name is used with the consent of that specified entity or an authorized representative of that entity, and would create a presumption affecting the burden of proof that a person acted with bad faith intent if the entity or authorized representative did not consent to the registration, trafficking, or use of the domain or subdomain name. The bill would authorize a court to consider as a factor in making a finding regarding bad faith intent that a person intended to divert consumers from the online location of a specified entity to a site accessible under the domain name that could harm the goodwill represented by that entity's name either for commercial gain or with the intent to tarnish or disparage the entity by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. The bill would create a private right of action for violation of these provisions and would provide that a remedy obtained for a violation of these provisions is cumulative with other available remedies.