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Archive | December, 2016

Fair and Unfair Publishing Contracts: [How] Can Authors Protect Their Rights

Introduction: In the United States authors’ rights to enjoy the fruits of their labor are protected by the Constitution: “The Congress shall have power . . . to  promote the progress of science and useful arts, by securing for limited times to authors the exclusive right to their respective writings.” This Constitutional grant or legislative […]

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Using Privacy/Proxy Services Lawfully or to Hide Contact Information and Identity

Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism they could enable cybersquatting and panelists expressed different views in weighing the legitimacy for their use. Some Panels found high volume registrants responsible for registering domain name incorporating trademarks. Others rejected the distinction between high […]

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Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, […]

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Appearing Respondents Called Out as Cybersquatters

UDRP complainants prevail in the range of 85% to 90% which approximately correlates with the percentage that respondents default in responding to complaints. The annual number of complaints administered by ICANN providers has been hovering around 4,000 +. Astonishingly, the number has remained steady for a good number of years despite the phenomenal increase in […]

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