California Business and Professions Code

§ 17526

BPC § 17526 Effective Jan 1, 2021Div. 7 · Part 3 · Ch. 1 · Art. 1.6

Statute text

In determining whether there is a bad faith intent pursuant to Section 17525, a court, consistent with 15 U.S.C. Sec. 1125(d)(1)(B)(i) as that section read on January 1, 2019, may consider factors, including, but not limited to, the following:

(a)The trademark or other intellectual property rights of the person alleged to be in violation of this article, if any, in the domain name.

(b)The extent to which the domain name consists of the legal name of the person alleged to be in violation of this article or a name that is otherwise commonly used to identify that person.

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Legislative history

Amended by Stats. 2020, Ch. 162, Sec. 2. (SB 342) Effective January 1, 2021.