The CQ "Legal Beat" blog reports that a Rhode Island man has already purchased the domain names www.elenakagan.com and www.soniasotomayor.com. Does he know something we don't?
Gilbert: The legislation you cited applies only to trademarked names.
The Act also prohibits the unauthorized registration of a domain name that is the same as or confusingly similar to the name of another living person, if done with intent to profit from the domain name by selling it for financial gain to such person or a third party. Under this section, which is not part of the Lanham Act, courts can order the forfeiture or cancellation or transfer of the domain name. Monetary damages are not available, but the court may award costs and attorneys' fees to the prevailing party in appropriate cases.
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