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Speculating in Domain Names and Monetizing them Lawful Commercial Activities
That a domain name is identical or confusingly similar to a complainant's trademark is only part of the evidentiary journey.…Missing Evidence in Failing to Prove Prima Facie Case
Panels early recognized that complainant could likely not marshal conclusive proof that respondent lacked rights or legitimate interests in the…Copyright Protection Extends to Expressive Material
Co-author Gerald M. Levine Copyright protection extends to expressive material. Strings of effectively arranged letters, words, phrases, clauses, sentences and…The Penalty of Fame: Fans and Adoration
When it comes to fan sites there are two views, the tolerant and the intolerant. The intolerant is illustrated in…Registration and Re-Registration: Measuring Bad Faith
Panels have long put to rest the argument that re-registration (or renewal of) is equivalent to registration, although there continue…The Dead Are Beyond Suing; Be Wary the Living
Co-author Gerald M. Levine The dead are beyond suing but wariness about the living in recollecting the past should not…Adding or Subtracting Plural Suffixes
It is often pointed out that small differences (such as adding or subtracting plural suffixes) matter in determining whether a…Surname Trademarks and Rights to Corresponding Domain Names
Surnames may qualify as trademarks, but to the extent they are common (and provided that there is no intent to…Fair Use is a Statutory Privilege, Not a License
Co-author Gerald M. Levine The U.S. Supreme Court has described fair use as "a privilege in others than the owner…Regaining a Hijacked Domain Name
"Given the human capacity for mischief in all its forms the Policy sensibly takes an open-ended approach to bad faith,…Non Monetary Penalty for Reverse Domain Name Hijacking
See Anthology of Commentaries -- 2014 In commencing the administrative proceeding, the complainant certifies "that the information contained in th[e]…Damages and Penalties for Copyright Infringement
Co-author Gerald M. Levine Copyright infringement has consequences. The Copyright Act protects the integrity of an author's work by granting…