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Archive | October, 2015

Research of Facts and Law under the UDRP

Ordinarily in commercial alternative dispute resolution processes arbitrators are not authorised to independently do factual research, and there is continuing disagreement about what if any legal research can be done. Best practice is firm about factual research; and less certain about legal research. It is generally understood that a neutral’s role is limited to assessing […]

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Next Book Option In Publishing Contracts: Benign to Toxic

Co-author Gerald M. Levine In May 2015 the Authors Guild announced its “Fair Contract Initiative.” So far it has addressed royalty rates on e-books (should be 50% of net receipts not 25% as it presently is), term of license (should be less than term of copyright which is the default term for print books), name […]

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Role of Credibility in Assessing Claims and Defenses

In a number of UDRP cases decided this year several turned on the issue of credibility, sometimes involving “advocate’s hyperbole” and at other times outright misdescription of the website’s content. The Chancellor, Masters and Scholars of the University of Cambridge v. Kirkland Holdings LLC., D2015-1278 (WIPO October 5, 2015) (<cambridge.com>). In many of these cases […]

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Safe Harbor for Service Providers

This article was first appeared in the New York Law Journal, September 30, 2015 GoDaddy.com, which is the largest registrar in the US with over 60 million domain names under management, has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA), Petroliam Nasional Berhad decided in 2013 and Academy […]

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