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Assessing Similarity of Part for Confusing Similarity of the Whole
The test for establishing confusing similarity is relatively modest. Low though the bar is set, however, it is not satisfied…When Does “In Book Form” Include Grant of EBook Rights?
Co-author Gerald M. Levine In agreeing to publish a work publishers typically demand author "grant and assign" an exclusive license…Injunctive Relief Against Domain Name Registrants for Unauthorized Registration of Personal Name
Unless personal names have achieved trademark status they are not protected under the UDRP and there can be no injunctive…Inadvertent Infringing Use of Domain Name
There can be inadvertent infringing use of domain name without incurring forfeiture. Complainants of trademarks on the lower end of…Legitimate Noncommercial or Fair Use of Domain Name Identical or Confusingly Similar to Trademark
Lego is one of those trademarks instantly recognizable in the marketplace. The number of UDRP proceedings against Lego infringers runs…False Memoirs and Other Misbehavior
Co-Author Gerald M. Levine What better to start the New Year than with grimy tales about authors, literary agents and…Respondent’s Right or Legitimate Interest Trumps Complainant’s Trademark Right
There have been a number of cases lately in which complainant has either failed to prove a prima facie case…Acceptable and Unacceptable Terms of Agency Agreements
Co-author Gerald M. Levine Agency agreements are not forever which is the reason to be concerned about their terms. There…Giving Parties Benefit of the Doubt: Sufficiency of Evidence
Giving a party the benefit of the doubt is really shorthand for insufficiency of the other’s evidence. In the first…Resolving Disputes in Face of Conflicting Testimony
A UDRP record is similar in some respects to a motion for summary judgment in a civil action in that…Pitfalls for Self Publishing Authors
There are publishers in the traditional sense who curate the books they publish and there are companies that provide printing…Chances of Winning and Losing Domain Name Disputes
Panels are typically faced with a cascade of options in resolving UDRP disputes. Complainants do not necessarily prevail for proving…