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Archive | November, 2012

Mixed Use (Vanity Email and PPC) of Surname Trademarks

Registering surnames for operating a vanity email service is a legitimate business model. The problem comes when the trademark is well-known or famous and respondent also deploys the domain name for an advertising website. Tucows.com Co. is at the center of this kind of dispute. It has succeeded where the use is consistent with the […]

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Allegations of Cybersquatting of Personal Names

The Report of the Second WIPO Internet Domain Name Process, The Recognition of Rights and the Use of Names In the Internet Domain Name System, dated September 3, 2001 concludes that “the application of the UDRP to the protection of personal names [is authorized only] when they constitute trademarks,” Paragraph 179.  Despite the exclusion, UDRP […]

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Author’s Right to Compensation for Intellectual Production

Co-author, Gerald M. Levine Authors’ incomes generally come from royalties and licensing revenues for works protected by copyright. He or she has a right to compensation for intellectual production.  Section 102(a) of the U.S. Copyright Act states that “original works of authorship fixed in any tangible medium of expression” are protected by copyright.  By definition […]

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Domain Names Composed of Random Letters and Acronymic Trademarks

Domain names composed of few letters are extremely prized; the more so as the number of third parties legitimately claiming a right to them increases. The larger the number of potential claimants the less likely any one of them can prevail in a UDRP proceeding. Random letters and even acronymic trademarks are likely to be […]

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Offer to Purchase vs. Counter Offer

It makes a difference which party initiates a negotiation to sell or purchase a disputed domain name. In SIX Group AG v. Xedoc Holding SA, D2012-1548 (WIPO October 11, 2012) the Complainant’s cause for complaint concerned Respondent’s redirected use of as a pornographic website . But, “six” is a weak mark: “there is extensive third […]

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