Partner Levine Samuel, LLP. The law firm is located at 130 West 42nd Street, 12th Floor, New York, NY 10036; Telephone (212) 596-0851
E-Mail <email@example.com> .
Born London, England.
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., 1965); New York University (Ph.D., 1968); Brooklyn Law School (J.D., 1975).
Work History: Levine Samuel, LLP, 1992-present; Partner, Gallet, Dreyer & Berkey, 1988-92; Senior Associate, Finley, Kumble, Wagner, 1972-88; Assistant Professor, Queens College, City University of the City of New York, 1967-71; Lecturer, appointed Fellow, New York University, 1965-67; U.S. Air Force, 1956-60.
Litigation, trial and counseling experience: Principally (although not exclusively) real estate and business disputes; counseling clients on Intellectual Property and Publishing Law matters and disputes (cybersquatting and domain names). Represents authors, Internet entrepreneurs, literary agents.
“Challenging Arbitration Agreements for Unconscionability,” Dispute Resolution Journal, 24-28 (Nov. 2010 – Jan. 2011) (American Arbitration Association)
Contributor to NYSB Association Arbitration Blog.
Real Estate Law
“‘Havana Central’: Tort Liability and Holdover Tenants,” N.Y.L.J., July 9, 2008, pg 4.
“New York’s Rent Regulation Reform Act of 1997,” The Real Estate Finance Journal, Winter 1998 (with Tracy A. Caras).
“Materiality Standard Under Martin Act,” N.Y.L.J., July 27, 1988 (with Donald S. Snider).
“Insurance for CERCLA Claims: The Premium Pays for What?” Loyola Consumer Law Report, Vol. 4, No. 3, Spring, 1992.
“The Rhetoric of Public Expectation,” 9 Pace Envtl. L. Rev., Vol. 8:2 (Spring 1991).
“Qualifying for the Innocent Purchaser/Landowner Defense Under CERCLA,” NYSBAJ Envtl. Section Journal, Summer 1991.
“Spreading Costs for Cleaning Up Contaminated Property: Contribution and Indemnification Under CERCLA,” New York State Bar Journal,
July/August 1991, Vol. 63, No. 5.
“A Prolegomenon to Understanding the Developer’s True Statutory Responsibilities Under SEQRA,” Touro Law Review, Spring, 1989 (with Donald S.Snider).
“SEQRA: Declaration of Nonsignificance and Issuing a Negative Declaration,” New York Stante Bar Journal, July 1986, Vol. 58, No.5 (with Donald S. Snider).
“Strict Liability for Contaminating State’s Groundwater Resources,” N.Y.L.J., April 29, 1986 (with Donald S. Snider).
“Negative Declarations Under Environmental Quality Review Act,” N.Y.L.J., December 13, 1985 (with Donald S. Snider).
“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.
Internet and Domain Name Arbitration (Uniform Domain Name Resolution Policy)
Creator and Author of blogs on domain name and cybersquatting <www.iplegalcorner.com>
“How Cases are Decided under the Uniform Domain Name Resolution Policy,” N.Y.L.J., January 31, 2005.
“Research on the Web: Internet Resources in Law and Business,” N.Y.L.J., Nov. 12 and 19, 1996.
Publishing Law (Contracts and Copyright)
Creator and Author (with Sheila J. Levine, Esq.) of Blog <www.legalcornerforauthors.com>.
Domain Name Arbitration: Mini-Essays
Analyses of arbitration decisions from panelists appointed by the World Intellectual Property Organization and the National Arbitration Forum,
Published on the LexisNexis Trademark Blog
9/10/09 The Legality of Registering Generic Words And/Or Letter Combinations In Anticipation That Someone Sometime in the Future
Will Acquire a Trademark and Want the Domain Name [¶4(c)(i) of the Policy]
6/9/09 Geographic Remoteness and Nearness in Proving Knowledge [Representation and Warranty ¶2 of the Policy]
4/7/09 Exercising Discretionary Authority to Request Additional Statements and Documents [Rule 12 of the Rules of the Policy]
3/20/09 Slumbering on One’s Rights; Laches vs. Lapse of Time [¶4(c)(i) of the Policy]
2/19/09 Factual Circumstances Favoring Respondents [¶15(a) of the Rules of the Policy]
2/9/09 Marshaling Private Information and Researching Public Facts [¶10(d) of the Rules of the Policy]
1/27/09 Bona Fide Use of Domain Name Prior to Notice [¶4(c)(i) of the Policy]
1/13/09 Personal Names as Domain Names; When Actionable [¶4(a)(i) of the Policy]
12/10/08 Consequences of Default [¶4(a)(iii) of the Policy]
11/18/08 Use and Abuse of Proxy and Privacy Services [¶2 of the Policy]
10/26/08 Granting, Authorizing or Acquiescing in Another’s Use of a Trademark [¶4(c) of the Policy]
10/3/08 Distinguishing Among Theories [¶4(b)(i -iv) of the Policy]
9/10/08 Shutting Down Criticism or Protecting from Impersonation? [¶4(c)(iii) of the Policy]
9/5/08 Penalizing the Complainant for Abusing the UDRP Procedure [Rule 15(e) of the Rules of the Policy]
8/28/08 Uncertainty in Protecting Two and Three Letter Trademarks [¶¶4(a)(i) and 4(c)(i) of the Policy]
8/6/08 Rejecting Respondent’s Consent to Transfer [Rule 17(a) of the Rules of the Policy]
7/25/08 Respecting the Record – Construing Rule 12 of the Policy [Rule 12 of the Rules of the Policy]
7/22/08 To What Standard of Diligence Should High Volume Registrants Be Held? [¶2 of the Policy]
7/18/08 Choice of Law When Parties Are Residents of Different Countries [Rule 15(a) of the Rules of the Policy]
7/15/08 Parking for Revenue [¶4(b)(iv) of the Policy]
7/10/08 Application of Res Judicata in Refiling a Complaint [UDRP, Procedure]
7/7/08 Disputes Outside the Scope of the Policy [UDRP, Procedure]
7/2/08 The Consequence of Disclaiming Design or Design-Plus-Word Trademarks [¶4(a)(I) of the Policy]
6/24/08 Plenary Adjudication After An Adverse Decision [¶4(k) 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]
6/13/08 Transferee’s Right (Or Not) To a Disputed Domain Name [¶4(b)(iv) of the Policy]
6/9/08 Right of Trademark Owner to Recapture Domain Name after Inadvertent Lapse of Registration [¶4(b)(ii) of the Policy]
6/4/08 Registrar Violations of Contractual Obligations [ICANN, Generally]
6/2/08 Pairs: Similar Facts, Different Results [¶4(a)(iii) of the Policy]
5/27/08 “Punting” or “Admirable Restraint”, Subject Matter Jurisdiction and Scope of the Policy [¶4(a)(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]
5/13/08 Demonstrable Preparations: Respondent’s Burden under Paragraph 4(c)(i) of the Policy [¶4(c)(i) of the Policy]
5/9/08 The Role of Credibility in a UDRP Proceeding UDRP [Rule 15(a) of the Rules of the Policy]
5/2/08 Bad Faith Requirements Under Two ADRs: UDRP and ukDRS[¶4(a)(iii) of the Policy]
In Preparation, Commentaries on ICANN’s UDRP (The Uniform Domain Name Resolution Policy). A study in the jurisprudence of Domain Names.