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Archive | October, 2014

Characters As Protectable Assets Do Not Survive Copyright Termination

Co-author Gerald M. Levine Characters as protectable assets do not survive copyright termination of the works in which they appear even though they may continue to live on in works that continue in copyright.  All works published prior to January 1, 1923 are in the public domain, a vast repository of cultural wealth available for […]

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Registering Trademark Without First Obtaining Corresponding Domain Name

Complainants who register trademarks without first obtaining corresponding domain name have no actionable claims against respondents already holding corresponding domain name, at least under the UDRP as traditionally applied. What is meant by “traditional” is that complainant has to prove bad faith in the conjunctive. Yet, despite this obvious truth that trademark rights have to […]

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Choice of Law: Characterization of Facts Determines the Outcome

Published on the Resolution Roundtable Blog, sponsored by the Dispute Resolution Section of the New York State Bar Association, October 7, 2014. Although there may be no disagreement about the facts, what law applies often depends on how the facts are characterized. An illustration of how characterization of facts determine the outcome is seen in […]

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No Consensus for Reverse Domain Name Hijacking

There is no consensus for reverse domain name hijacking; rather, there is a diversity of views about the conduct that would support it. Rule 15(e) authorizes the Panel “to declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding … [i]f after considering the submissions […]

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Evidentiary Demands in a UDRP Proceeding

To succeed in a UDRP case parties must pay attentiion to the evidentiary demands of the process. Complaints are dismissed or denied for three reasons, either complainant 1) lacks priority for its trademark over the domain name; 2) failed to marshal evidence sufficient to prove abusive registration, or 3) respondent has rebutted complainant’s allegations that […]

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