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Instances of Registration and Use Outside Scope of the Policy
The Policy’s scope is limited to “‘abusive registrations’ made with bad faith intent to profit commercially from others’ trademarks.” Second…Terminating Exclusive Licenses and Recapturing Copyrights
Gerald M. Levine, Co-author Authors control the rights to their works until they agree to exclusive licenses for all or…Protection of Mark as One of a Family of Marks
As a general rule, marks that share a common characteristic or dominant element can receive protection as one of a…It Is Not Who You Say You Are, But Who You Are That Counts
For a respondent to succeed in showing it is who it says it is it must make an affirmative showing…Trademarks for Authors
What do trademarks have to do with authorship? Trademarks signify sources of production. The question come up with authors producing…Common Law Rights of Celebrities to their Names
Ordinarily, personal names are not registrable for trademark because they are not sources of goods or services but celebrities can…Proving Reputation When Domain Name Was Registered
Complaint must show a reputation when domain name was registered; a present reputation alone is insufficient if trademark had non…Copyrightability of Generic Elements in a Copyrighted Work
Co-author Gerald M. Levine Unprotected elements in a copyrighted work affects the copyrightability of those elements alone. The copyright does…Former Employees Registering Domains in their Own Names Without Employer’s Knowledge and Contrary to Instructions
An employee charged to attend to his employer’s intellectual property assets can have no right or legitimate interests in domain…Copyrightability in “Original Works of Authorship”
To be protected by copyright, to have copyrightability, requires a certain degree of creativity. The Copyright Clause of the U.S.…Transfer of Domain Name to Unrelated Third Party
There are two lines of reasoning from U.S. circuit courts on the issue of whether transfer of a domain name…Domain Names Similar to Trademarks But Not Confusing
See Anthology of Commentaries -- 2014 The test for establishing confusing similarity is relatively modest. Less or more so is…