Top Menu

Archive | April, 2016

Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week’s essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the UDRP and the ACPA. However, […]

Continue Reading 0

Fair Contracts for Authors

Gerald M. Levine, co-author In May 2015, the Authors Guild announced its Fair Contract Initiative, and more recently the Internatioanl Authors Forum presented “Ten Principles for Fair Contracts.” Both highlight the same ” standard” contract terms. These include length of license, fair royalties on e-books . . . . Continue reading Column from Publishers Weekly […]

Continue Reading 0

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the UDRP and the ACPA, one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have […]

Continue Reading 0

To What Extent May Panels Perform Independent Research?

Panels are sworn to neutrality, but there has developed under the UDRP space for them to perform independent research “if it deems this necessary to reach the right decision” (WIPO Overview 2.0, paragraph 4.5). It ranges from the minimal such as examining official trademark databases and reviewing past history of domain names on IA’s Wayback […]

Continue Reading 0

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one’s mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN’s lexicon, tarnishment is limited in meaning to “acts […]

Continue Reading 0

Follow

Get every new post delivered to your Inbox

Join other followers:

4/xVVyQrMpFFp6VcOTT2qD9g.0oyCn-dWDJ0cJvIeHux6iLYvgUztkQI
%d bloggers like this: