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Archive | December, 2013

Combining Second Level Domain and Top Level Suffix

The following was originally published as a guest blog on Neil Brown’s website, Domain Times on December 15, 2013. The suffix to the right of the dot, whether gTLD or country code, has no source indicating significance, but is a functional necessity panels generally disregard in comparing the second level domain with the trademark. That […]

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Compelling Arbitration of Nonsignatories

First published in Dispute Resolution Section Blog of the New York State Bar Association December 13, 2013 (http://nysbar.com/blogs/ResolutionRoundtable.html) A nonsignatory to an arbitration agreement is not generally subject to it and cannot be compelled to submit to the proceedings, but there are equitable circumstances that may warrant a different result. MAG Portfolio Consultant, GMBH v. […]

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Succcessor Proving Ownership of Trademark

Ordinarily, a complainant proves ownership of a trademark by displaying a certificate of registration from a national registrar; or, if unregistered by proving use in commerce for a qualified period of time. Having documentation and attaching it to the complaint is easier than having to prove a right which entails proving a reputation reaching back […]

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