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Unintended Perils of Collaboration from Ambiguous and Incomplete Agreements
Co-author Gerald M. Levine Literary collaboration is a marriage of convenience. There are perils in ambiguous and incomplete agreements. The…Cancelling Domain Names in the .XXX TLD Space
Abusive registration in the .xxx space is assessed under a sibling Policy to the UDRP, the Charter Eligibility Dispute Resolution…Unauthorized But Legally Permissible Use of Trademark
A respondent acquires no right or legitimate interest in a domain name that incorporates a trademark by registering or renewing…Protecting Ideas under an Implied Contract Theory
Co-author Gerald M. Levine Authors ask whether they can protect their ideas by which they mean the conception rather than…Assessing Evidence for Right or Legitimate Interest
Assigning burdens in a UDRP proceeding is well established. For all paragraph 4(c) defenses respondent's proof must establish "past" and…Taking Down an Infringing Copy from the Internet
Co-author Gerald M. Levine There is a statutory remedy for removing an infringing copy from the Internet. It can be taken…Copyright for Compilations and Collections
Authors are generally well attuned to copyright for their separately standing works and the consequences of failing to register, but…Multiple Users of Term Other than Trademark Owner
There have been a number of recent UDRP cases in which complainants' trademarks are composed of letters or words that…Credibility and Reverse Domain Name Hijacking
See Anthology of Commentaries -- 2014 The complainant certifies in commencing the UDRP proceeding, “that the information contained in th[e]…Falling Into and Out of the Public Domain
Co-author Gerald M. Levine Once in the public domain content (which includes characters) is free; to copy or create derivative…Claiming Joint Ownership of Copyright
Co-author, Gerald M. Levine Claiming joint ownership of copyright signifies a collaboration beyond making suggestions or performing editorial services. This…Parties in Same Business and Operating in the Same Geographical Area
Distance is not only geographical and temporal but also measured by product or service offerings. The principle underlying temporal distance…