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Archive | April, 2013

Unlikelihood of Having an Arbitration Award Vacated

First appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” April 22, 2013 Arbitrators naturally express anxiety about having an arbitration award vacated, but in reality it rarely happens. Awards are presumptively legitimate so long as arbitrators “manifest [no] infidelity” to their obligation to “interpret and apply” the parties’ agreement. Steelworkers v. […]

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Inadvertent Lapse of Both Trademark Registration and Domain Name

Occasionally, there is inadvertent lapse of both trademark registration and domain name. But, while falling out of the trademark registry for failure to file a section 8 affidavit may be embarrassing it is not fatal; losing a domain name for inadvertence may be fatal depending on the strength or weakness of the trademark. In the […]

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Terminating Exclusive Licenses

Co-author, Gerald M. Levine Terminating exclusive licenses after the passage of time is a statutory right. The Copyright Act of 1976 decrees that the author shall have a right exercisable only once for each separate literary work under exclusive license and for a brief window of time after 35 years from the date of a […]

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Insufficiency of Evidence that Respondent Lacks Rights or Legitimate Interests

Just as complainants cannot prevail on the strength of their trademarks which only proves the first requirement of the Policy that it has standing to maintain the proceedings, so respondents do not forfeit their domain names on default of responding to the complaint. Insuffiency of evidence is conclusive even for brand name owners. This message […]

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Rights Protection of New dot Dictionary Word TLDs

Rights protection for anticipated new gTLDs is an urgent matter. ICANN has recently approved several mechanisms to counter cybersquatting for new gTLDs, including the Trademark Clearing House program (TMCH) which allows brand owners to submit their trademark details for entry into a centralized database and enable the rights holder, after verification, to participate in the […]

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