Rights Protection of New dot Dictionary Word TLDs
April 1, 2013Rights protection for anticipated new gTLDs is an urgent matter. ICANN has recently approved several mechanisms to counter cybersquatting for…Is Publishing Under Threat of Extinction?
March 31, 2013C0-author Gerald M. Levine, Esq. The traditional world of publishing is under threat of extinction; at least, that is the…Non Renewed Domain Names
March 27, 2013Despite protective notice of expiration trademark holders continue to see their non renewed domain names registered by innocent purchasers as…False Certification of UDRP Complaint
March 17, 2013UDRP Rules require that complaints be certified to the truth and acurracy of the allegations. False certification of UDRP complaint…Safe Harbor Under the ACPA: Reasonable Grounds for Believing Use Not Unlawful
March 12, 2013Both the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Resolution Policy, paragraph 4(c)(i-iii) (UDRP) prescribe safe harbor…Demonstrable Preparations for Use Before Notice
March 7, 2013The 3-member Panel in Cheezburger, Inc. v. WeKnowMemes LLC (c/o Dynadot Privacy), D2012-2452 (WIPO February 19, 2013) considered confusing similarity between…Recovering Lapsed Domain Names
February 27, 2013For a complainant to succeed in recapturing a lapsed domain name it must both anticipate and overcome respondent's rebuttal that…Registrability of Words Standing Alone in Design Trademarks
February 15, 2013Design trademarks combine figurative element(s) with word(s). The words may or may not be registrable standing alone. That they are…Authors and Domain Names
February 15, 2013Withdrawn. Expanded and revised in 2015 article AUTHORS AND DOMAIN NAMES: CLAIMING RIGHTS TO PERSONAL NAMES, CHARACTERS AND TITLES.Allegations Alone are not Proof of a Trademark Right; Subsidiary Must Prove Consent
February 8, 2013Although timing of a trademark registration is not a factor for standing it is critical in assessing bad faith. Unless…Applying Laches as an Affirmative Defense in UDRP Disputes
January 26, 2013Panels in formative cases held there was “no room for general equitable doctrines under the Policy such as would be…Use in Bad Faith Alone Is Insufficient to Prove Cybersqatting
January 17, 2013I have pointed out in earlier Notes that the Uniform Domain Name Resolution Policy (UDRP) and the Anticybersquatting Protection Act…