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Statutory Remedies for UDRP Grievants
The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award,…Architectural Underpinning: Consequences of Violating Provider Rules
First Published in the New York State Bar Association ADR Section Journal, New York Dispute Resolution Lawyer, May 2016 No…Disputes Falling Outside the Scope of the UDRP
The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes…Declaring and Declining to Find Reverse Domain Name Hijacking
What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack…Review of Domain Name Arbitration
The attached review of Domain Name Arbitration by Laura Kaster, Esq. appeared in the May 2016 edition of the New…Unlawful Targeting of Trademarks and Consumers in Registering Domain Names
Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can…Strategic Use of Screenshots from the Wayback Machine
Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of…Earlier Registered Domain Names, Later Acquired Trademarks
The Rise of Cyber-Entrepreneurs Trademarks have a long history; domain names are of recent origin. Trademarks were "invented" to "identify…Proving Common Law Rights Predating Domain Name Registration
The trademark rights required for standing under paragraph 4(a)(i) of the UDRP refer to both registered and unregistered rights. Complainants…Characters and Copyright Protection
Gerald M. Levine, co-author It would be unusual in a work of any genre for every part to be protected…Who Contacts Whom: A Material Factor in Selling Domain Names Corresponding to Trademarks
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four…Is the UDRP Biased in Favor of Trademark Owners?
Published in the New York State Bar Association Journal, May 2016, pp. 18-21 In an effort to combat a form…