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Reserving Rights When Agreeing to License
Publishers typically demand rights for the duration of copyright although the shelf life of the licensed work is likely to…Trademark Terms Distinctive in One Territorial Jurisdiction, Undistinctive in Another
Distinctiveness (despite the affirmativeness of the word) is a fluid concept. It could mean "distinctive" in its class but not…Titles, Words and Short Phrases (Q&A)
Co-author Gerald M. Levine Titles, Words and Short Phrases are not copyrightable although contextualized they may become so. The answer…Right or Legitimate Interest in a Domain Name Not Defeated by Refusal to Sell
An abusive registration presupposes either an existing trademark or knowledge of its existence when registering the domain name. If the…Contributory Infringement and Vicarious Liability for Copyright Infringement
Co-author Gerald M. Levine Copyright is not limited to literary works but extends to other creative productions. Expressive material in…Multiple Registrations of Copyright (Q & A)
I wrote a paper that I registered for copyright a few years ago. It was not published. I am now…Unsettled Law on Domain Criticism Sites
One of complaints against UDRP is inconsistency in decision-making. This comes about because Panels are not obliged to follow precedent,…The Fate of Business Luminaries in Protecting Their Names
Unless personal names have achieved trademark status, they are not protected under the UDRP. Excluded are living persons whose reputations…Unprotected Speech in Blogland
Co-author Gerald M. Levine Not all speech in blogland is protected although as a general rule there is no exposure…Application of Equitable Bar for Not Acting Timely on Infringement
There is a strong consensus that a complainant's demand for transfer of a domain name that is identical or confusingly…Collective Work (Compilation) (Q & A)
What do I need to know about copyright on a collective work? One of my stories is being reprinted in…Challenging Transfer Order Under the Anticybersquatting Consumer Protection Act
There is no administrative appeal to a UDRP order, but the aggrieved party has the right to challenge an order…