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Archive | February, 2012

Unintended Perils of Collaboration from Ambiguous and Incomplete Agreements

Co-author Gerald M. Levine Literary collaboration is a marriage of convenience. There are perils in ambiguous and incomplete agreements. The parties have to preliminarily agree to their separate and joint responsibilities for the completion and submission of their work. What they think they know and can trust about each other is likely to be more […]

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Cancelling Domain Names in the .XXX TLD Space

Abusive registration in the .xxx space is assessed under a sibling Policy to the UDRP, the Charter Eligibility Dispute Resolution Policy (CEDRP) which became effective as of September 1, 2011. Under the CEDRP the sole remedy is cancellation, paragraph 3 of Policy and 5(e) of Rules promulgated by the National Arbitration Forum. “A registered domain […]

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Unauthorized But Legally Permissible Use of Trademark

A respondent acquires no right or legitimate interest in a domain name that incorporates a trademark by registering or renewing it. Nokia Corporation v. Nokia Ringtones & Logos Hotline, D2001-1101 (WIPO October 18, 2001) (“[Respondents] only have a right to the domain name … if Complainant had specifically granted that right.”) Respondents succeed, however, where […]

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Protecting Ideas under an Implied Contract Theory

Co-author Gerald M. Levine Authors ask whether they can protect their ideas by which they mean the conception rather than the expression. This suggests a misappropriate theory rather than infringement of copyright. The answer is that copyright law protects ideas only to the extent they are organized and fleshed out in expressive language. Some protection […]

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Assessing Evidence for Right or Legitimate Interest

Assigning burdens in a UDRP proceeding is well established. For all paragraph 4(c) defenses respondent’s proof must establish “past” and “present” as opposed to “future” use of the disputed domain name. Thus, for paragraph 4(c)(i) respondent must demonstrate its “[present and past] use of” or “demonstrable [present] preparations to use” the domain name constitutes a […]

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Taking Down an Infringing Copy from the Internet

Co-author Gerald M. Levine There is a statutory remedy for removing an infringing copy from the Internet. It can be taken down. The principal legal mechanisms for protecting copyright of works copied on the Internet without permission and in violation of an author’s copyright is laid out in the Digital Millennium Copyright Act (DMCA). The major […]

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Copyright for Compilations and Collections

Authors are generally well attuned to copyright for their separately standing works and the consequences of failing to register, but less so when it comes to shorter works accepted for publication in compilations such as collections and anthologies. Section 103 (a) of the Copyright Act states that “[t]he subject matter of copyright … includes compilations.” […]

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Multiple Users of Term Other than Trademark Owner

There have been a number of recent UDRP cases in which complainants’ trademarks are composed of letters or words that have currency for other users in the marketplace. Two, three and four letter strings, for example, are valuable names that could also be acronyms. Examples: <rmhp.com> and <tds.com>. The Panel in Rocky Mountain Health Maintenance […]

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Credibility and Reverse Domain Name Hijacking

See Anthology of Commentaries — 2014 The complainant certifies in commencing the UDRP proceeding, “that the information contained in th[e] Complaint is to the best of [its] knowledge complete and accurate [and] that th[e] Complaint is not being presented for any improper purpose, such as to harass [the respondent].” Paragraph 3(b)(xiv) of the Rules of […]

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Falling Into and Out of the Public Domain

Co-author Gerald M. Levine Once in the public domain content (which includes characters) is free; to copy or create derivative works. P.D. James’ Death Comes to Pemberley and a continuing stream of novels featuring Sherlock Holmes are recent examples. Until works fall into the public domain content and characters are not free. They are copyright […]

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