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Respondent’s Burden of Persuasion is Disjunctive: Rights or Legitimate Interests

Respondent’s burden of persuasion under paragraph 4(a)(ii) of the Policy is disjunctive. It satisfies the requirement if it has either a right or a legitimate interest in the disputed domain name, in which event the complaint must be dismissed. The test is framed in the present tense: “[Respondent] lacks any right or legitimate interest” in […]

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When Does “In Book Form” Include Grant of EBook Rights?

Co-author Gerald M. Levine In agreeing to publish a work publishers typically demand author “grant and assign” an exclusive license to “print, publish and sell” the work for the “term of copyright and all continuations, extensions, and renewals thereof” in stipulated languages and territories. In modern publishing agreements the language is clear that the grant […]

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