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Common Word Trademarks Owned by Major Brand Complainants: How Protectable?
Common word trademarks, PRICELESS for example, are no less common for being owned by a major brand complainant and no…Refusing to Relinquish Domain Name After Termination of Distribution Agreement
The conjunctive rule for proving bad faith weighs heavily on manufacturers who entered into distribution arrangements authorizing use of their…When Inactivity Rises to the Level of Bad Faith
One of the central propositions of UDRP jurisprudence is that mere assertion of bad faith is insufficient for the complainant…Paying Authors for Their Work
Co-author Gerad M. Levine Whether money is the motive for writing – "[n]o man but a blockhead ever wrote, except…Consequences of Withdrawing UDRP Complaint
Rule 17 of the Rules of the Policy provides instructions for terminating a proceeding after the file has been submitted…Non Disclosure of Beneficial Owner of Domain Name as a Factor Pointing to Bad Faith Registration and Use
The “use of a privacy or proxy registration service is not in and of itself an indication of bad faith…Licensing Work for a Collection
Co-author Gerald M. Levine Including a work in a collection or compilation depends on who owns the copyright and the…Concurrent Use of Names that Serve Equally as Domain Names and Trademarks
Trademark law recognizes (with some qualification) that two parties can be entitled to use similar, even identical lexical strings where…Literary Agent’s Entitlement to Commission
Co-author, Gerald M. Levine Literary agents stand in relation to authors as adventurers to booty: payday depends on placing literary…Failing to Renew Registration: Difficulty of Recapturing Lapsed Domain Names
Domain names are not literally owned, but possessed for variable lengths of time pursuant to registration agreements that must be…Combinations of Random Letters (Acronyms, Initials and Abbreviations) Capable of Use By Many Third Parties Other Than Complainant
Combinations of letters are either acronyms or abbreviations for a company’s name – protectable or not against domain name registrants…Preparing for Reversion at Contract Inception
Co-author Gerald M. Levine Publishers typically offer an unsatisfactory reversion of rights clause so it is prudent to negotiate for…