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Archive | March, 2013

Is Publishing Under Threat of Extinction?

C0-author Gerald M. Levine, Esq. The traditional world of publishing is under threat of extinction; at least, that is the chatter on the Internet and news stories . The current message forecasts a grim future. The evidence is all around us. There is a steady diet of gloom from news reports, court filings by the […]

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Non Renewed Domain Names

Despite protective notice of expiration trademark holders continue to see their non renewed domain names registered by innocent purchasers as well as opportunists. Registrars have a contractual duty arising out of the Registrar Accreditation Agreement (RAA) to alert domain name holders that their registrations are nearing expiration. Not surprisingly some domain name holders miss the […]

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False Certification of UDRP Complaint

UDRP Rules require that complaints be certified to the truth and acurracy of the allegations. False certification of UDRP complaint has consequences. Respondents default in responding to complaints approximately 85% of the time so that if there are materially false allegations in the complaint and there is no response the untruths will likely not be […]

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Safe Harbor Under the ACPA: Reasonable Grounds for Believing Use Not Unlawful

Both the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Resolution Policy, paragraph 4(c)(i-iii) (UDRP) prescribe safe harbor defenses, but the ACPA provides a defense not expressly found in the UDRP: bad faith “shall not be found in any case in which the court determines that the person believed and had reasonable grounds […]

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Demonstrable Preparations for Use Before Notice

The 3-member Panel in Cheezburger, Inc. v. WeKnowMemes LLC (c/o Dynadot Privacy), D2012-2452 (WIPO February 19, 2013) considered confusing similarity between KNOW YOUR MEME and <weknowthemes.com> “a close question … [b]ut the overall impression is sufficiently similar, especially for the Domain Name used for a competing website, that the Panel concludes the first Policy element has […]

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