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Archive | June, 2014

Giving Complainant the Benefit of the Doubt; Why?

The standard of proof for abusive registration is preponderance of the evidence. In lay terms the evidence must be sufficient to answer the question, Is it more likely than not respondent registered the domain name with knowledge of the complainant’s trademark; that respondent had the complainant’s trademark “in mind”? If the trademark did not exist […]

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Delay in Suing for Copyright Infringement

Co-author, Gerald M. Levine Delay in suing for copyright infringement is not fatal to a claim for damages. Plaintiff in the U.S. Supreme Court’s recent 6-3 decision in Petrella v. Metro-Goldwyn-Mayer, Inc., decided on May 19, 2014, waited 18 years to bring suit. The majority held that laches cannot be invoked as a bar to […]

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Burden of Establishing a Right or Legitimate Interest

See Anthology of Commentaries — 2014 The burden of proof is always with the complainant but it does not have to establish a right to the domain name–its burden is to establish that respondent registered the domain name in bad faith–but it does have to establish it owns (or has an exclusive right to use) […]

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