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UDRP is Niche Forum for Cybersquatting, Not Trademark Infringement
The UDRP is not a general court for trademark infringement, but a niche forum for a particular kind of infringement.…Domain Names Combining Complainant’s Marks with Marks of Third Parties
Where there are multiple, related complainants each will be entitled to the domain name in which it has a right…Passive Holding of Domain Name Not Grounds for Forfeiture
It is an interesting phenomenon that complainants and their counsel continue to believe that trademark owners have greater rights to…Do Changes in the Whois Registry Amount to New Registration?
Some trademark owners see changes in the Whois Registry as an opportunity to seize control of domain names corresponding to…Dictionary Words Generic; In Compound Distinctive
Dictionary words are generic when employed denotatively for their ascribed meanings, therefore incapable of trademark status, but can nevertheless acquire…Noteworthy Domain Name Decisions 2015
Mr. Levine is the author of a treatise on trademarks, domain names, and cybersquatting, Domain Name Arbitration, A Practical Guide…No Standing for Similar that is not Confusingly Similar
If a domain name is similar but not confusingly similar to the trademark in which complainant has rights the complaint…Research of Facts and Law under the UDRP
Ordinarily in commercial alternative dispute resolution processes arbitrators are not authorised to independently do factual research, and there is continuing…Next Book Option In Publishing Contracts: Benign to Toxic
Co-author Gerald M. Levine In May 2015 the Authors Guild announced its “Fair Contract Initiative.” So far it has addressed…Role of Credibility in Assessing Claims and Defenses
In a number of UDRP cases decided this year several turned on the issue of credibility, sometimes involving "advocate's hyperbole"…Safe Harbor for Service Providers
This article was first appeared in the New York Law Journal, September 30, 2015 GoDaddy.com, which is the largest registrar…Competing for Domain Names: Registrants vs Trademark Owners
This article first appeared in Industry Today (9/16/2015) Domain names exist solely on the Internet. They are primarily functional elements.…