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Contract Provisions: The Out of Print and Reversion of Rights Clause
Gerald M. Levine, Co-Author Most publishing contracts provide for both the establishment and termination of the author/publisher relationship. Why should…Legitimately Offering a Domain Name for Sale by a Transferee from a Related Transferor
A respondent is ordinarily responsible for its behavior immediately upon registration and chargeable for its use of the domain name…Unfair Use of an Association’s Trademark
A respondent may, as has frequently been pointed out, rightfully register a domain name incorporating a complainant’s trademark if authorized…Acquiring Domains After Non-Renewal by Prior Registrant
Transferees who acquire domain names from related entities or by purchase and registrants who independently acquire their domain names after…Proving Trademark Acquisition
“Pay-per-click websites” (noted the Panel in Business Filings Incorporated v. John Thalacker D/B/A Traffico, D2010-1332 (WIPO October 1, 2010)) “are…Misusing Pejorative Plus Trademarks for Commercial Gain or to Denigrate a Competitor
Trademark + pejorative signaling criticism of the goods or services of a trademark holder are a powerful irritant. If the…Acquiring Domain Name through Merger or Acquisition
A transferee is likely to take possession of a disputed domain name under conditions factually different from the original registrant.…Trademarks Composed of Descriptive Phrases
With qualification, descriptive phrases are not denied trademark registration but they are less protected from concurrent users. That is clear…Language of UDRP Proceedings
Rule 11(a) of the Rules of the Policy is a two clause provision. The first clause provides that “[u]nless otherwise…Bad Faith Registration Inferred from Non Use of a Descriptive Phrase
It is a misapprehension of domain name jurisprudence to believe that the registration of a descriptive phrase that is identical…Post Termination Right or Legitimate Interest in Domain Name
As a general rule when “the licence of distribution arrangement has terminated, the respondent is generally found to have no…Concurrent Rights to Trademark and Business Name
Trademark law recognizes with some qualification that two parties can be entitled to use similar, even identical lexical strings where…