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Archive | August, 2012

The Importance of Timing in Asserting Priority in a UDRP Dispute

Timing is a critical factor in determining whether a complainant satisfies its first and third UDRP requirements. When parties’ acquire their respective rights ultimately determines whether or not the complainant has standing to maintain an administrative proceeding and if it does whether it can prove bad faith registration. So, for example, an application to register […]

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Exclusive Rights for Exploiting Literary Works

Co-author, Gerald M. Levine Publishers expect and demand exclusive rights for exploiting literary works. When lawyers talk about “standard” clauses and courts refer to publishing contracts as “standard agreements” it is not to suggest that there is a standard form such as we expect for certain real estate transactions. What we mean by “standard” is […]

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Assessing “Improper Purpose” in Commencing a UDRP Proceeding

The 3-member Panel in Albir Hills Resort, S.A. v. Telepathy, Inc., D2012-0997 (WIPO July 19, 2012) makes an interesting comment that is central to its finding against Complainant of reverse domain name hijacking: The Panel considers that the Complainant is represented by an attorney who should have appreciated that the Complaint could not succeed in […]

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Failure to Resolve Uncertainty Undermines Complainant’s Claim

To “oogle” (if “oogle” means “ogle”) is one thing, to “google” another. “Despite the Panel’s extreme suspicions about [the Respondent’s] explanation [for registering <oogle.com>]” it denied Google Inc.’s complaint in Google Inc. v. Blue Arctic LLC, FA1206001447355 (Nat. Arb. Forum July 25, 2012). Why? The first problem in assessing whether a domain name is identical […]

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