(a) A person shall be liable in a civil action by the owner of any distinctive mark registered and used in Hawaii, without regard to the goods or services of the parties, if that person in bad faith: registers, traffics in, or uses a domain name that is identical or confusingly similar to that mark.

Terms Used In Hawaii Revised Statutes 481B-22

  • Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Hawaii Revised Statutes 481B-21
  • Mark: includes "trademarks" "trade names" and "service marks" as defined in [section] 481A-2. See Hawaii Revised Statutes 481B-21
  • Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Hawaii Revised Statutes 481B-21
  • Traffics in: refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, or any other transfer for consideration or receipt in exchange for consideration. See Hawaii Revised Statutes 481B-21
(b) Any person who in bad faith registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person’s consent, shall be liable in a civil action by the person.
(c) A person shall be liable for using a domain name under [subsection (a)] only if that person is the domain name registrant or the registrant’s authorized licensee.

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