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Archive | August, 2013

Deliberate Misspellings of Trademarks

Typosquatting is the term applied to deliberate misspellings of trademarks. A high percentage of UDRP disputes involve domain names that are “virtually” identical (complainant’s characterization in SAP AG v. PrivacyProtect.org / John Harvard, John Havard, D2013-1097 (WIPO August 9, 2013)), but more properly described as confusingly similar in making minor variations to the mimicked trademarks. […]

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Benefit of Doubt in Decision Making

Close legal questions (or, questions said to be close and difficult) pose a particularly hard problem because they open the way to benefit of doubt in decision making. This is particularly evident in three member panel decisions with dissent, although if doubt is present the benefit of doubt should favor the respondent since the complainant […]

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Arbitrators’ Charging Lien

Arbitrators’ Charging Lien was originally published in Resolution Roundtable (New York State Bar Association, Dispute Resolution Section) on August 13, 2013 A charging lien is sttutory mechanism for protecting the value of services which New York has now been extended to arbitrators.  This has been a necessary evolution.  Over the past few years there has […]

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