The Posts below and on the rest of the pages are also published on https://circleid.com/members/7816/.
Characters As Protectable Assets Do Not Survive Copyright Termination
Co-author Gerald M. Levine Characters as protectable assets do not survive copyright termination of the works in which they appear…Registering Trademark Without First Obtaining Corresponding Domain Name
Complainants who register trademarks without first obtaining corresponding domain name have no actionable claims against respondents already holding corresponding domain…Choice of Law: Characterization of Facts Determines the Outcome
Published on the Resolution Roundtable Blog, sponsored by the Dispute Resolution Section of the New York State Bar Association, October…No Consensus for Reverse Domain Name Hijacking
There is no consensus for reverse domain name hijacking; rather, there is a diversity of views about the conduct that…Evidentiary Demands in a UDRP Proceeding
To succeed in a UDRP case parties must pay attentiion to the evidentiary demands of the process. Complaints are dismissed…Opportunistic Registrations of Domain Names
This article, "Opportunist Registrations of Domain Names: What Is Going On, and What Tools Are Available for Trademark Owners," appears…Dictionary Words, Compounds, Phrases and Acronyms
Trademark dictionary words, compounds, phrases and acronyms (or strings of arbitrary letters complainants claim as trademarks) are regularly contested in…Abuse of Process in a UDRP Proceeding
Abuse of process in a UDRP proceeding carries risk for reverse domain name hijacking if respondent appears and proves complainant…Non-Authorized Use of Trademark
Non-authorized use of trademark is not prohibited as long as the use is fair, but “fair” is narrowly defined under…Laches Defense to Cybersquatting Claim
Lapse of time versus a laches defense to cybersquatting claim in a udrp case is likely to benefit domain name…Dismissal of UDRP Complaint
Ordinarily, complaints are dismissed for two reasons (or the same reason but expressed in two different ways): either the complainant…“Genuine” Criticism as Defense to Abusive Registration
Paragraph 4(c)(iii) of the Policy recognizes the free speech defense but this is one of the blurry areas of domain…