- November 29, 2011Complaint must show a reputation when domain name was registered; a present reputation alone is insufficient if trademark had non…
- November 29, 2011Co-author Gerald M. Levine Unprotected elements in a copyrighted work affects the copyrightability of those elements alone. The copyright does…
- November 22, 2011An employee charged to attend to his employer’s intellectual property assets can have no right or legitimate interests in domain…
- November 22, 2011To be protected by copyright, to have copyrightability, requires a certain degree of creativity. The Copyright Clause of the U.S.…
- November 17, 2011There are two lines of reasoning from U.S. circuit courts on the issue of whether transfer of a domain name…
- November 15, 2011See Anthology of Commentaries -- 2014 The test for establishing confusing similarity is relatively modest. Less or more so is…
- November 15, 2011Publishers typically demand rights for the duration of copyright although the shelf life of the licensed work is likely to…
- November 10, 2011Distinctiveness (despite the affirmativeness of the word) is a fluid concept. It could mean "distinctive" in its class but not…
- November 10, 2011Co-author Gerald M. Levine Titles, Words and Short Phrases are not copyrightable although contextualized they may become so. The answer…
- November 8, 2011An abusive registration presupposes either an existing trademark or knowledge of its existence when registering the domain name. If the…
- November 7, 2011Co-author Gerald M. Levine Copyright is not limited to literary works but extends to other creative productions. Expressive material in…
- November 3, 2011I wrote a paper that I registered for copyright a few years ago. It was not published. I am now…