N.Y. General Business Law § 149: Civil remedies

§ 149. Civil remedies. 1. Upon the commission of a violation of this

article, an application may be made by the attorney general to a court

having jurisdiction to issue an injunction against the person or entity

that registered the domain name in violation of this article, and upon

notice to the respondent of not less than five days, the court may award

injunctive relief, including the forfeiture or cancellation of the

domain name. Upon receipt of a court order for injunctive relief, the

registrar, domain name registry or other domain name registration

authority with which the person or entity has registered the domain name

with, shall comply with such order's requirements. If it shall appear to

the satisfaction of the court that the person or entity who registered

the domain name with the registrar, domain name registry or other domain

name registration authority, has committed a violation of this article,

the court shall enjoin and restrain such person or entity from any

further violation without requiring proof that any person has, in fact,

been injured or damaged thereby.

2. In addition to injunctive relief, the court may fine the person or

entity that registered a domain name in violation of this article, one

thousand dollars for each day the violation occurs. The court may also

order the transfer of the domain name as part of the relief awarded.

3. The registrar, domain name registry or other domain name

registration authority shall not be liable for injunctive or monetary

relief under this section except in the case of bad faith or reckless

disregard, which includes a willful failure to comply with any court

order.

4. In a civil action commenced under this section, a domain name shall

be deemed to have its situs within the state if the domain name

registrar, registry, or other domain name authority that registered or

assigned the domain name is located within the state.