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Exclusive Rights for Exploiting Literary Works
Co-author, Gerald M. Levine Publishers expect and demand exclusive rights for exploiting literary works. When lawyers talk about “standard” clauses…Assessing “Improper Purpose” in Commencing a UDRP Proceeding
The 3-member Panel in Albir Hills Resort, S.A. v. Telepathy, Inc., D2012-0997 (WIPO July 19, 2012) makes an interesting comment…Failure to Resolve Uncertainty Undermines Complainant’s Claim
To “oogle” (if “oogle” means “ogle”) is one thing, to “google” another. “Despite the Panel’s extreme suspicions about [the Respondent’s]…Proving Facts and Citing Authority in UDRP Disputes
Complainant’s submission on a UDRP claim must be sufficient to support its demand for forfeiture or it misplays its opportunity.…Anticybersquatting Consumer Protection Act’s In Rem Jurisdiction
An owner of a trademark registered in any jurisdiction or whose unregistered right is recognized under any national law satisfies…Suspending or Terminating a UDRP Proceeding
Paragraph 18(a) of the Rules of the Policy authorizes the Panel in its discretion to suspend or terminate a UDRP…When Qwerty Keyboard is Evidence of Typosquatting; Omission of Letters that Spell Foreign Words, Not Typosquatting
UDRP's anti-cybersquatting proscriptions focus on unfair business practices and deception. They are not intended to suppress competition or restrain commerce.…Defending Legitimate Interests: Common Words, Prejudice and Lapse of Time
We appear to have reached a stage on the Internet in which every dictionary word and many combinations have been…Disputes Between Same Parties; Different Panels, Different Results
When Panels in different cases involving the same parties rule differently the question is whether one is wrong and the…Date of First Use in Commerce in Application for Trademark Not Evidence
As a general rule, there can be no bad faith registration of a domain name registered prior to the existence…Legitimacy and Good Faith Undermined by Knowledge of Complainant and its Trademark
Speculating, offering to sell and monetizing domain names composed or dictionary words and descriptive phrases without more are not actionable…Acquired Distinctiveness Through 5 or More Years of Use
Words and phrases in common use are attractive equally to purveyors and domainers. That one has a trademark does not…