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Different Mind-Sets In Inferring Bad Faith Registration from Bad Faith Use
Of the four enumerated circumstances of bad faith in paragraph 4(b) the first three describe bad faith registration while the…Arbitrators Acting Within and Exceeding Their Powers
First published on the New York Bar Association, ADR Section website July 15, 2014 Finding that an arbitrator has exceeded…Standards of Proof, URS and UDRP
In the hierarchy of standards “beyond a reasonable doubt” (criminal intent) is higher than “clear and convincing” (URS) which is…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…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…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…Time and Expense Sitting Out Sunrise and Landrush for New TLDs
Sunrise for new TLDs refers to a stipulated period during which trademark owners may defensively preregister domain names prior to…Clear and Convincing Evidence of Infringement
See Anthology of Commentaries -- 2014 In civil actions there are two standards of proof, clear and convincing and preponderance…Forum of Choice: Challenging Cybersquatters
This article, "Forum of Choice for Arbitrating Cybersquatting: The Uniform Domain Name Dispute Resolution Policy," was published in Dispute Resolution…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…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…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…