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Archive | March, 2012

Non Disclosure of Beneficial Owner of Domain Name as a Factor Pointing to Bad Faith Registration and Use

The “use of a privacy or proxy registration service is not in and of itself an indication of bad faith … [but] the manner in which such service is used can in certain circumstances constitute a factor indicating bad faith.” WIPO Overview 2.0 paragraph 3.9. The second sentence has in mind registrar’s failure after it […]

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Licensing Work for a Collection

Co-author Gerald M. Levine Including a work in a collection or compilation depends on who owns the copyright and the licensing terms if the work is owned by the author. Compilations of like works or genres may be a goal eagerly sought by authors. Collections may be under a publisher’s control.  Internet compilations may be […]

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Concurrent Use of Names that Serve Equally as Domain Names and Trademarks

Trademark law recognizes (with some qualification) that two parties can be entitled to use similar, even identical lexical strings where the concurrent user offers the public unrelated goods or services. It has been noted that “the Lanham Act’s tolerance for similarity between competing marks varies inversely with the fame of the prior mark.” Kenneth Parker […]

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Literary Agent’s Entitlement to Commission

Co-author, Gerald M. Levine Literary agents stand in relation to authors as adventurers to booty: payday depends on placing literary works and licensing rights. Their entitlement to commission is contingent. They earn their commissions by placing authors’ works with publishers and promoters capable of exploiting their economic value. Commission is spread over the economic life […]

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Failing to Renew Registration: Difficulty of Recapturing Lapsed Domain Names

Domain names are not literally owned, but possessed for variable lengths of time pursuant to registration agreements that must be periodically renewed. The better analogy is with a valuable leasehold interest with unlimited options to renew that can be lost if renewal is not timely exercised. Owners of “strong” trademarks have a higher degree of […]

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Combinations of Random Letters (Acronyms, Initials and Abbreviations) Capable of Use By Many Third Parties Other Than Complainant

Combinations of letters are either acronyms or abbreviations for a company’s name – protectable or not against domain name registrants depending on the trademark’s strength – or simply a string of random letters (“random” that is to respondents) that are capable of use (when acronymic) by many third parties other than complainant trademark holders. Panels […]

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Preparing for Reversion at Contract Inception

Co-author Gerald M. Levine Publishers typically offer an unsatisfactory reversion of rights clause so it is prudent to negotiate for an even playing field on this issue. Assuring author has a genuine right of reversion in the event her work goes out of print must be a high priority, particularly in an electronic environment where […]

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