Levine Samuel, LLP.
800 Second Avenue,
3rd Floor (Suite 300),
New York, NY 10017;
Telephone (212) 596-0851
Website address: http://www.iplegalcorner.com
Born London, England.
US Air Force (1956-1960)
Education: University of California, Berkeley (B.A., 1962); City University of the City of New York (M.A., 1965); New York University (Ph.D., 1968, Founders Day Scholar); Brooklyn Law School (J.D., 1975).
Teaching: New York University (Teaching Fellow, 1967-68); Queens College of the City University of New York (Asst Professor English, 1968-1971),
Admitted to bar New York State, 1976: U.S. District Court, Southern and Eastern Districts of New York, 1976.
Earlier law firm associations, Finley, Kumble, Wagner et al, through 1988 (litigation dept., mostly real estate related matters) .
Represents authors, literary agents, small publishers; entrepreneurs, Internet start-ups, real property owners and lessees. Focus of practice, Intellectual Property transactions and rights management, contracts, strategic counseling on copyright and trademark registrations; domain name and Internet law, cybersquatting claims; defamation and privacy reviews of manuscripts.
Litigation and trial experience includes representing clients in Commercial disputes (contracts, licensing and leasing agreements); Real Estate (commercial and residential owners and tenants, real estate brokers).
Arbitration and mediation. Panel of neutrals for commercial and IP disputes for the American Arbitration Association; panel of mediators for the New York Supreme Court, Commercial Division; and panel of mediators for the US District Court for the Southern District of New York. Arbitration appointments have included contract and real estate disputes; mediation, varied issues, commercial, and employment.
Treatise, Trademarks, Domain Names, & Cybersquatting. DOMAIN NAME ARBITRATION, A Practical Guide (Legal Corner Press, 558 pages), August 2015 print edition; September e-book edition.
Supplement and Update to Domain Name Arbitration, January 2017
“Provider and Arbitrator Immunity for Acting in Their Official Capacities,” NYSBA ADR Section Journal, New York Dispute Resolution Lawyer, Spring 2017;
“Fair and Unfair Publishing Contracts: [How] Can Authors Protect Their Rights? NYSBA IP Section Journal, Bright Ideas, Winter 2016.
“Earlier Registered Domain Names, Later Acquired Trademarks,” NYSBA IP Section Journal, Bright Ideas, Summer 2016. Republished in the NYSBA Journal, October 2016.
“Is UDRP Biased in Favor of Trademark Owners,” NYSBA Journal May 2016. Republished in The Computer & Internet Lawyer (Wolters Kluwer publication), September 2016
“Architectural Underpinning: Consequences of Violating Provider Rules,” NYSBA ADR Section Journal, Summer 2016.
“Fair Contacts for Authors,” Publishers Weekly, Soapbox May 5, 2016 (with Sheila J. Levine, Esq.)
“Safe Harbor for Service Providers under the Anticybersquatting Consumer Protection Act,” (New York Law Journal, September 30, 2015).
“Competing for Domain Names: Trademark Owners and Domain Name Holders,” Industry Today (9/16/2015). Republished Journal of Cosmetics, November/December 2015.
Arbitration and Mediation
“Mediation: The Talking Cure,” Industry Today (March 3, 2015);
“The Forum of Choice for Arbitrating Cyberquatting Claims,” NYSBA New York Dispute Resolution Lawyer, Spring 2014, Vol. 7, No. 1.
”Challenging Arbitration Agreements for Unconscionability,” Dispute Resolution Journal, 24-28 (Nov. 2010 – Jan. 2011) (American Arbitration Association).
Contributor of commentaries and blogs for the York State Bar Association, ADR Section Roundtable.
“The Role of Investors in Marketing Literary Works, Independent Publisher (April 2015);
“Authors and Domain Names,” Independent Publisher (May 2015);
“Garnishing Domain Names: Are They Contracts or Property, New York Law Journal, April 8, 2015;
“Understanding Legal Options Used to Fight Cybersquatting,” Network World (Jan 14, 2015);
“Advantages and Approaches in Registering Trademarks,” N.Y.L.J., December 30, 2014;
“Opportunistic Registrations of Domain Names: What Is Going On and What Tools are Available for Trademark Owners?” NYSBA, IP Section journal, Bright Ideas, Fall 2014;
Internet and Domain Name Arbitration and Litigation (ICANN, WIPO, the Uniform Domain Name Resolution Policy and the Anticybersquatting Consumer Protection Act)
Author of essays on trademarks and domain names on <iplegalcorner.com>. These essays are republished by <circleid.com> and <udrpsearch.com>.
“How Cases are Decided under the Uniform Domain Name Dispute Resolution Policy,” N.Y.L.J., January 31, 2005.
“Research on the Web: Internet Resources in Law and Business,” N.Y.L.J., Nov. 12 and 19, 1996.
Analyses of arbitration decisions from panelists appointed by the World Intellectual Property Organization and the National Arbitration Forum. Numerous posts on the LexisNexis Trademark Blog, 2008-2009.
Publishing Law (Contracts and Copyright)
Creator and Author (with Sheila J. Levine, Esq.) Commentaries and Blog posts on publishing and copyright law, <www.iplegalcorner>.
“The Role of Investors in Marketing Literary Works,” Independent Publisher (Apr. 16 2015).
“Claiming Rights to Personal Names, Titles, and Characters,” Independent Publisher (June 2015).
Real Property Law
“‘Havana Central’: Tort Liability and Holdover Tenants,” N.Y.L.J., July 9, 2008, pg 4.
“New York’s Rent Regulation Reform Act of 1997,” The Real Estate Finance Journal, Winter 1998 (with Tracy A. Caras).
“Materiality Standard Under Martin Act,” N.Y.L.J., July 27, 1988 (with Donald S. Snider).
“Insurance for CERCLA Claims: The Premium Pays for What?” Loyola Consumer Law Report, Vol. 4, No. 3, Spring, 1992.
“The Rhetoric of Public Expectation,” 9 Pace Envtl. L. Rev., Vol. 8:2 (Spring 1991).
“Qualifying for the Innocent Purchaser/Landowner Defense Under CERCLA,” NYSBAJ Envtl. Section Journal, Summer 1991.
“Spreading Costs for Cleaning Up Contaminated Property: Contribution and Indemnification Under CERCLA,” New York State Bar Journal, July/August 1991, Vol. 63, No. 5.
“A Prolegomenon to Understanding the Developer’s True Statutory Responsibilities Under SEQRA,” Touro Law Review, Spring, 1989 (with Donald S. Snider).
“SEQRA: Declaration of Nonsignificance and Issuing a Negative Declaration,” New York State Bar Journal, July 1986, Vol. 58, No.5 (with Donald S. Snider).
“Strict Liability for Contaminating State’s Groundwater Resources,” N.Y.L.J., April 29, 1986 (with Donald S. Snider).
“Negative Declarations Under Environmental Quality Review Act,” N.Y.L.J., December 13, 1985 (with Donald S. Snider).
“The New York State Environmental Quality Review Act of 1975: An Analysis of the Parties’ Responsibilities in the Review/Permit Request Process, Fordham Urban Law Journal, Vol. XII: 1, 1983-84.
Continuing Legal Education. Faculty Member Lawline.com and National Law Institute. Panel discussion, October 11, 2015, Trademarks, Domain Names, & Cybersquatting for Lawline; Course on same subject November 10, 2015 for National Law Institute; CLE Clear Law Institute (January 2017)
Speaking engagements and Panels: September 10-14, 2016 The Domain Conference; Panel NYSBA IP Section, Panel on Trademarks and Domain Names (November 2016); Fordham International Trademark Conference (April 2017); Merge Conference (October 2017).
Mystery Writers of America, Moderator Copyright & Public Domain (Sherlock Holmes) (April 2016); Fair Contracts for Authors (February 1, 2017).