Gerald M. Levine

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Partner. The firm is located at 130 West 42nd Street, 12th Floor, New York, NY 10036; Telephone (212) 596-0851.

Born London, England, May 20, 1937; admitted to bar, 1976, New York, U.S. District Court, Southern and Eastern Districts of New York and U.S. Court of Appeals, Second Circuit.

Education: University of California at Berkeley (B.A., 1962); City University of the City of New York (M.A., 1964); New York University (Ph.D., 1968); Brooklyn Law School (J.D., 1975).

Publications include:

"The New York State Environmental Quality Review Act of 1975: An Analysis of the Parties' Responsibilities in the Review/Permit Request Process,
Fordham Urban Law Journal, Vol. XII: 1, 1983-84;

"Negative Declarations Under Environmental Quality Review Act," N.Y.L.J., December 13, 1985 (with Donald S. Snider);
"Strict Liability for Contaminating State's Groundwater Resources," N.Y.L.J., April 29, 1986 (with Donald S. Snider);
"SEQRA: Declaration of Nonsignificance and Issuing a Negative Declaration," New York Stand Bar Journal, July 1986, Vol. 58, No.5 (with Donald S. Snider)
"Materiality Standard Under Martin Act," N.Y.L.J., July 27, 1988 (with Donald S. Snider)
"A Prolegomenon to Understanding the Developer's True Statutory Responsibilities Under SEQRA," Touro Law Review, Spring, 1989 (with Donald S.Snider);
"Spreading Costs for Cleaning Up Contaminated Property: Contribution and Indemnification Under CERCLA," New York State Bar Journal,
July/August 1991, Vol. 63, No. 5;
"Qualifying for the Innocent Purchaser/Landowner Defense Under CERCLA," NYSBAJ Envtl. Section Journal, Summer 1991;
"The Rhetoric of Public Expectation," 9 Pace Envtl. L. Rev., Vol. 8:2 (Spring 1991);
"Insurance for CERCLA Claims: The Premium Pays for What?" Loyola Consumer Law Report, Vol. 4, No. 3, Spring, 1992;
"Research on the Web: Internet Resources in Law and Business," N.Y.L.J., Nov. 12 and 19, 1996;
"New York's Rent Regulation Reform Act of 1997," The Real Estate Finance Journal, Winter 1998 (with Tracy A. Caras);
"How Cases are Decided under the Uniform Domain Name Resolution Policy," N.Y.L.J., January 31, 2005;

"'Havana Central': Tort Liability and Holdover Tenants," N.Y.L.J., July 9, 2008, pg 4.

Numerous contributions to LexisNexis TRADEMARK BLOG at http://law.lexisnexis.com/practiceareas/Trademark-Law

LexisNexis Trademark Blog Posts

5/2/08 Bad Faith Requirements Under Two ADRs: UDRP and ukDRS[¶4(a)(iii) of the Policy]
5/7/08 Personal Names, Protected as a Trademark When the Name is a Source Indicator for Goods and Services [¶4(a)(I) of the Policy]
5/9/08 The Role of Credibility in a UDRP Proceeding UDRP [Rule 15(a) of the Rules of the UDRP]
5/13/08 Demonstrable Preparations: Respondent’s Burden under Paragraph 4(c)(i) of the Policy [¶4(c)(i) of the Policy]
5/20/08 Common Law Marks, Recognition in the Marketplace and Proof of Secondary Meaning [¶4(a)(i) of the Policy]
5/27/08 “Punting” or “Admirable Restraint”, Subject Matter Jurisdiction and Scope of the Policy [¶4(a)(i) of the Policy]
6/2/08 Pairs: Similar Facts, Different Results [¶4(a)(iii) of the Policy]
6/4/08 Registrar Violations of Contractual Obligations [ICANN, Generally]
6/9/08 Right of Trademark Owner to Recapture Domain Name after Inadvertent Lapse of Registration [¶4(b)(ii) of the Policy]
6/13/08 Transferee’s Right (Or Not) To a Disputed Domain Name [¶4(b)(iv) of the Policy]
6/18/08 Respondent’s Right to a Domain Name In Which It Also Has a Trademark Right [¶4(c)(i) of the Policy]
6/24/08 Plenary Adjudication After An Adverse Decision [¶4(k) of the Policy]
7/2/08 The Consequence of Disclaiming Design or Design-Plus-Word Trademarks [¶4(a)(I) of the Policy]
7/7/08 Disputes Outside the Scope of the Policy [UDRP, Procedure]
7/10/08 Application of Res Judicata in Refiling a Complaint [UDRP, Procedure]
7/15/08 Parking for Revenue [¶4(b)(iv) of the Policy]
7/18/08 Choice of Law When Parties Are Residents of Different Countries [Rule 15(a) of the Rules of the Policy]
7/22/08 To What Standard of Diligence Should High Volume Registrants Be Held? [¶2 of the Policy]
7/25/08 Respecting the Record – Construing Rule 12 of the Policy [Rule 12 of the Rules of the Policy]
8/6/08 Rejecting Respondent’s Consent to Transfer [Rule 17(a) of the Rules of the Policy]
8/28/08 Uncertainty in Protecting Two and Three Letter Trademarks [¶2]
9/5/08 Penalizing the Complainant for Abusing the UDRP Procedure [Rule 15(e) of the Rules of the Policy]
9/10/08 Shutting Down Criticism or Protecting from Impersonation? [¶4(c)(iii) of the Policy]
10/26/08 Granting, Authorizing or Acquiescing in Another’s Use of a Trademark [¶4(c)(i) of the Policy]

Commentaries on the Uniform Domain Name Resolution Policy (In preparation). Review Table of Contents.

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