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Archive | September, 2012

Denying Safe Harbor to Domain Names that Resolve to a Criticism Website

See Anthology of Commentaries — 2014 Question 2.4 of the WIPO Overview of WIPO Panel Views on Selected U.D.R.P. Questions asks, “Can a criticism site generate rights and legitimate interests?” The answer is Yes, but.  The “but” could depend on the Panel assigned to resolve the dispute; it could also depend upon whether the criticism […]

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Typosquatting and Appearance of Typosquatting

A respondent telegraphs both intent and knowledge when it squats on a trademark by creating minor typographical variations. There are a number of recent examples of variations on COMERICA: as in (reversing “m” and “e”), (adding an additional “e” before “i”), (doubling letters) and (selecting letters adjacent on the qwerty keyboard, “u” and “i” ). […]

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Distinguishing “Unfair” Commercial and Nominative Fair Use

Nominative use of a trademark is permissible when it is fair. It is fair when the domain name identifies the respondent’s business rather than competing with the trademark owner. It is commercial by definition. Confusion is not a disqualification otherwise there could be no nominative use, but it can be minimized through disclaimer. Besides, Panels […]

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Wariness in Granting Rights to Aggregators

Originally published as a Guest Blog on Writer Beware® September 7, 2012 Co-author, Gerald M. Levine There is a reason for authors to be wary in granting permission for their blogs to be published by aggregaters. Authors create the content blog aggregators need for their web collections. Each gains in different ways. For the aggregator, […]

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Recapturing Inadvertently Lapsed Domain Names

Ownership of domain names can be tenuous. They can be lost beyond recapture through inadvertence. Trademarks, at least the registration for trademarks can also be lost, but more easily regained if not abandoned. Domain names are different; they are not “owned” but rather held for a stipulated period and their continued holding depends on renewal […]

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Consequences of an Unsatisfactory Manuscript

Co-author, Gerald M. Levine The traditional publishing process begins with an editor’s enthusiastic response to an author’s outline, proposal, and sample chapter, followed by an offer and contract from the publisher.  Once the contract is signed the focus shifts to the quality of the final manuscript. The publishing contract includes a “d & a” (abbreviation […]

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