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Terminating Exclusive Licenses
Co-author, Gerald M. Levine Terminating exclusive licenses after the passage of time is a statutory right. The Copyright Act of…Insufficiency of Evidence that Respondent Lacks Rights or Legitimate Interests
Just as complainants cannot prevail on the strength of their trademarks which only proves the first requirement of the Policy…Rights Protection of New dot Dictionary Word TLDs
Rights protection for anticipated new gTLDs is an urgent matter. ICANN has recently approved several mechanisms to counter cybersquatting for…Is Publishing Under Threat of Extinction?
C0-author Gerald M. Levine, Esq. The traditional world of publishing is under threat of extinction; at least, that is the…Non Renewed Domain Names
Despite protective notice of expiration trademark holders continue to see their non renewed domain names registered by innocent purchasers as…False Certification of UDRP Complaint
UDRP Rules require that complaints be certified to the truth and acurracy of the allegations. False certification of UDRP complaint…Safe Harbor Under the ACPA: Reasonable Grounds for Believing Use Not Unlawful
Both the Anticybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Resolution Policy, paragraph 4(c)(i-iii) (UDRP) prescribe safe harbor…Demonstrable Preparations for Use Before Notice
The 3-member Panel in Cheezburger, Inc. v. WeKnowMemes LLC (c/o Dynadot Privacy), D2012-2452 (WIPO February 19, 2013) considered confusing similarity between…Recovering Lapsed Domain Names
For a complainant to succeed in recapturing a lapsed domain name it must both anticipate and overcome respondent's rebuttal that…Registrability of Words Standing Alone in Design Trademarks
Design trademarks combine figurative element(s) with word(s). The words may or may not be registrable standing alone. That they are…Authors and Domain Names
Withdrawn. Expanded and revised in 2015 article AUTHORS AND DOMAIN NAMES: CLAIMING RIGHTS TO PERSONAL NAMES, CHARACTERS AND TITLES.Allegations Alone are not Proof of a Trademark Right; Subsidiary Must Prove Consent
Although timing of a trademark registration is not a factor for standing it is critical in assessing bad faith. Unless…