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Archive | February, 2014

Proving a Trademark Right for Cybersquatting

Proving a trademark right is essential to maintain a claim of cybersquatting. For registered trademarks, proof of standing is satisfied by submitting a copy of the registration certificate –which “is prima facie evidence of [the trademark’s] validity.” NetApp, Inc. v. July Linett c/o Jolly Co., FA0812001238829 (Nat. Arb. Forum February 5, 2009). There is no […]

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Trademark Rights Acquired Before Corresponding Domain Name

See Anthology of Commentaries — 2014 To prevail in a udrp proceeding trademark rights should be acquired before corresponding domain names. Timing in acquiring a trademark is determinative of a party’s right to the domain name. Trademarks acquired after registration of domain names cannot prove their claim of bad faith. Nevertheless, there appears to be […]

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Publication of Domain Name Arbitration

“Domain Name Arbitration, A Practical Guide to Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy,” Gerald M. Levine with a Foreword by Neil Brown QC will be published in Fall 2014. Cover to Domain Name Arbitration Inquire about review copy in pdf.  For more information about Domain Name Arbitration […]

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Time Limitations to Confirm Arbitration Award

There are time limitations to confirm arbitration awards.  The consequences are dire for missing the deadlines. A recent decision from the Third Department, Bianchi v. Katz, 111 A.D.3d 1012 (2013) is a warning against untimeliness in taking steps to confirm an award. Every procedure has its time limitations. A party seeking to stay an arbitration […]

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