If someone registers YOURTRADEMARK.xxx, sue the ICM

[u-Bob]

If someone registers YOURTRADEMARK.xxx, sue the ICM Registry.

It is the ICM Registry that creates the domain YOURTRADEMARK.xxx.
It is the ICM Registry that uses part of it's infrastructure to keep the domain YOURTRADEMARK.xxx online.
Without the cooperation of the ICM Registry the act of violating your trademark by registering a YOURTRADEMARK.xxx domain wouldn't be possible.



</not a lawyer >

[woj]

try that logic when someone registers YOURTRADEMARK.com and see what happens?

[marlboroack]

I heard we were going to have shit like .kitten and .boobs. So suckmyballs.boobs

[u-Bob]

Originally Posted by woj

try that logic when someone registers YOURTRADEMARK.com and see what happens?

One could argue that because the ICM itself has put a system in place that trademark owners can use to exclude their trademark from being registered as a .xxx domain (in exchange for $200 or $300) they (the ICM):
- are ware of the possibility that trademarks might be registered as .xxx domains by someone other than the tm owner.
- are aware of the possibility to prevent this from happening.
- have the possibility to prevent this from happening.
- admit that they'll assist people in violating your tm unless you pay them.


</again, not a lawyer>

[davecummings]

Interesting, and yes my name "Dave Cummings" is trademarked; I will not be paying icm -- rather, I'll take appropriate IP/Trademark legal action!

[CYF]

Originally Posted by u-Bob

One could argue that because the ICM itself has put a system in place that trademark owners can use to exclude their trademark from being registered as a .xxx domain (in exchange for $200 or $300) they (the ICM):

I was under the impression you could exclude your trademarks for free.

[u-Bob]

Originally Posted by CYF

I was under the impression you could exclude your trademarks for free.

prices range from $200 to over $300.

[Kenny B!]

Aside from a select few you're talking about an industry that does nothing and pretty much takes it in the ass when people rip off their content, stop sending affiliate payments, close down payment services, etc. etc.

You think the .com domain owner is launching a lawsuit for a .xxx domain? Add to that the .com owner probably doesn't have a trademarked on their "brand" in the first place, give me a break.

[u-Bob]

Originally Posted by Kenny B!

...an industry that does nothing...

we were able to delay the approval of the .xxx for several years!

[Freaky_Akula]

Fuck dotxxx.

[u-Bob]

Looks like both Manwin and Hustler are warning the ICM that this is just what they'll do if the ICM allows anyone to register oneoftheirtrademarks.xxx

[Herd]

Originally Posted by Kenny B!

Aside from a select few you're talking about an industry that does nothing and pretty much takes it in the ass when people rip off their content, stop sending affiliate payments, close down payment services, etc. etc.

You think the .com domain owner is launching a lawsuit for a .xxx domain? Add to that the .com owner probably doesn't have a trademarked on their "brand" in the first place, give me a break.

Not to many people care about the poor pornographer. But legitimate businesses with no affiliation to smut, suddenly has to pay "street tax" to a pornographic company?? Because this company that popped out of thin air says so?? Uh huh.. Good luck with that hustle. Because that will be ICM's downfall.

[JFK]

Originally Posted by CYF

I was under the impression you could exclude your trademarks for free.

yeah right

[glowlite]

I don't think Manwin and Hustler have a leg to stand on as far as registration of any domain name. Anyone can register any trademark domain they want. The fact Joe Blow registers pepsi.xxx means little if the domain remains dormant.

It's what the owner does with the domain afterward that creates the problem.

Paying $200-300 as a one-time fee would be much less costly than recovering a TM domain. It would be a 'no contest' win for the trademark holder but it would still be quite expensive.

Seems like a form of extortion by ICM.

[Barry-xlovecam]

Unfortunately, as far as I can find, only the individual registrants seem to be liable for trademark infringement ... Has anyone successfully sued the registries for .info, .mobi, .cc, et. al. for trademark infringement in registrations?

[InfoGuy]

Originally Posted by glowlite

Paying $200-300 as a one-time fee would be much less costly than recovering a TM domain. It would be a 'no contest' win for the trademark holder but it would still be quite expensive.

Domain disputes (UDRP) can be bulk filed, which significantly reduces the cost to a trademark holder / complainant. However. if trademark holders file lawsuits for domain disputes instead, U.S. law allows for monetary damages of up to $300,000 per domain plus recovery of reasonable legal fees and costs.

WIPO Schedule of Fees under the UDRP

Single Panelist
Number of Domain Names Included in the Complaint | Fee (United States Dollars)

1 to 5 | 1500 [Panelist: 1000; Center: 500]

6 to 10 | 2000 [Panelist: 1300; Center: 700]

More than 10 | To be decided in consultation with the WIPO Arbitration and Mediation Center

Three Panelists
Number of Domain Names Included in the Complaint | Fee (United States Dollars)

1 to 5 | 4000 [Presiding Panelist: 1500; Co-Panelist: 750; Center: 1000]

6 to 10 | 5000 [Presiding Panelist: 1750; Co-Panelist: 1000; Center: 1250]

More than 10 | To be decided in consultation with the WIPO Arbitration and Mediation Center

Originally Posted by glowlite

Seems like a form of extortion by ICM.

A strong comparison could be drawn between ICM Registry's scheme to squeeze money out of trademark holders and racketeering with protection money charged to businesses by organized crime syndicates.

[InfoGuy]

Originally Posted by Barry-xlovecam

Unfortunately, as far as I can find, only the individual registrants seem to be liable for trademark infringement ... Has anyone successfully sued the registries for .info, .mobi, .cc, et. al. for trademark infringement in registrations?

I'm not a lawyer, but personally I view the TLDs you mentioned as being materially different from that of .XXX Associating "Brand Name" with neutral TLDs like .info, .biz, .mobi, et al do not portray the brand in a negative context, but using a non-adult related "Brand Name" with .XXX could easily tarnish the reputation of "Brand Name" and devalue its associated goodwill.

[Barry-xlovecam]

Originally Posted by InfoGuy

I'm not a lawyer, but personally I view the TLDs you mentioned as being materially different from that of .XXX Associating "Brand Name" with neutral TLDs like .info, .biz, .mobi, et al do not portray the brand in a negative context, but using a non-adult related "Brand Name" with .XXX could easily tarnish the reputation of "Brand Name" and devalue its associated goodwill.

Maybe, for a registration of pepsi.xxx or disney.xxx there is some claim of acting in a reasonable and prudent manner toward ICM. Any defamation or "brand damage" claim I think would fall on the Registrant. (Happy if I can be proved wrong on this one).

Neither Manwin nor Hustler has made any threat based on any statute, ICAAN rule or
precedent case law so far ? if they have some angle ? show some cards ... A threat of lawsuit with some teeth is closely listened to ...