Bill Text: HI SB3047 | 2012 | Regular Session | Amended
Bill Title: Computer Fraud; Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB3047 Detail]
Download: Hawaii-2012-SB3047-Amended.html
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THE SENATE |
S.B. NO. |
3047 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
Proposed |
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A BILL FOR AN ACT
RELATING TO CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, part IX, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Cybersquatting prohibited. (1) A person commits the offense of cybersquatting if, without regard to the goods or services of the parties, the person:
(a) Has a bad faith intent to profit from that mark, including a personal name that is protected as a mark under this section; and
(b) Registers, traffics in, or uses a domain name that:
(i) In the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;
(ii) In the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or
(iii) Is a trademark, word, or name protected by reason of federal or state law.
(2) In determining whether a person has a bad faith intent described under subsection (1), a court may consider factors including but not limited to:
(a) The trademark or other intellectual property rights of the person, if any, in the domain name;
(b) The extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person;
(c) The person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services;
(d) The person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name;
(e) The person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;
(f) The person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct;
(g) The person's provision of material and misleading false contact information when applying for the registration of the domain name, the person's intentional failure to maintain accurate contact information, or the person's prior conduct indicating a pattern of such conduct;
(h) The person's registration or acquisition of multiple domain names that the person knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are famous at the time of registration of such domain names, without regard to the goods or services of the parties; and
(i) The extent to which the mark incorporated in the person's domain name registration is or is not distinctive and famous within the meaning of subsection (3).
Bad faith intent described under subsection (1) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.
(3) In any criminal action involving the registration, trafficking, or use of a domain name under this section, a court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark.
(4) A person shall be liable for using a domain name under subsection (1) only if that person is the domain name registrant or that registrant's authorized licensee.
(5) For the purposes of this section:
"Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
"Traffics in" means transactions that include but are not limited to sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.
(6) Cybersquatting is a misdemeanor."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2012.
Report Title:
Computer Crime; Cybersquatting
Description:
Establishes the offense of cybersquatting as a misdemeanor. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
