Int'l Business Times: "US-based Businesses Complain of .XXX Domain" - GoFuckYourself.com

AsianDivaGirlsWebDude · 08-16-2011, 04:30 AM

The tide of opposition to .XXX appears to only be rising...

Quote:

US-based Businesses Complain of .XXX Domain - Aug 16, 2011

The new triple-x domain that will launch in December is already facing mass dissatisfaction from businesses across the United States as porn and mainstream businesses feel they are being forced to buy domain names they don?t want.

Recently, lawyers for the most storied brands in the United States started taking action to prevent the loss of their corporate web addresses.

The domain operator administering the .xxx domain is now accepting early applications from owners of different brands who want control over them. The ICM Registry revealed that it has received over 900,000 "expressions of interest" from companies wanting to pre-register their trademarks or block others, according to Reuters.

"Many feel they're being blackmailed to protect their brands," said Kristina Rosette, a trademark lawyer at the law firm Covington & Burling. She also added that requiring pre-registration fees to protect trademarks is common among domain registries, which then include the expected revenue in their business plans and projections.

Some adult-content providers are paying the $200 fee because they want to use the domain, while other non-porn brands like MTV Networks and Red Cross are preregistering to avoid any kind of legal battles in the future with cybersquatters who register trademarks for reselling them.

However, At ICM's request, Red Cross has submitted a list of its brand names, along with their Spanish and French translations, which will be blocked from .xxx free of charge, according to a Red Cross spokeswoman.

PETA (People for the Ethical Treatment of Animals) have also signed up and instead of blocking its name the organization will launch peta.xxx as a pornography site that draws attention to the plight of animals, according to PETA spokeswoman Lindsay Rajt.

Most big companies, like Warner Brothers, own tens of thousands of domain names, according to Frederick Felman, the chief marketing officer of MarkMonitor which helps companies protect their brands online, Reuters reported.

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AsianDivaGirlsWebDude · 08-16-2011, 04:21 PM

ADG

pornmasta · 08-16-2011, 04:34 PM

That's stupid, you don't need to buy all domain extensions for your domain name.
If i was a big player i would just sue them.

scottybuzz · 08-16-2011, 04:40 PM

Quote:

Originally Posted by pornmasta

That's stupid, you don't need to buy all domain extensions for your domain name.
If i was a big player i would just sue them.

sueing someone is cheaper than registering extensions?

pornmasta · 08-16-2011, 04:43 PM

Quote:

Originally Posted by scottybuzz

sueing someone is cheaper than registering extensions?

for $200 per year, i guess there is money to win if i sue.

AsianDivaGirlsWebDude · 08-16-2011, 04:56 PM

Saw this on LIB:

Quote:

NL- I downloaded this letter from the FSC website. ( http://fscblogger.wordpress.com/ ) I want to thank them for their help with this. This "lawyer letter" saves us all at least a couple hundred bucks if we wish to try and protect our websites from ICM selling our domains to someone else. I have lots of questions about the problems we are going to face when this goes out to the masses. I will address it further later this week.

Ltr to ICM:
----------

Stuart Lawley, CEO
ICM Registry LLC
PO Box 30129
Palm Beach Gardens, FL 33420

Dear Mr. Lawley,

We write to you on behalf of (COMPANY NAME), Inc. in your capacity as CEO of ICM registry (ICM) and the registry operator of the .XXX top level domain. We seek your
cooperation in preventing trademark infringement and related intellectual property concerns, as well as unfair and anti-competitive business practices.

(COMPANY NAME), is the owner and user of numerous registered trademarks and unique brand names, namely __LIST TRADEMARKS__. The value of these brands and trademarks is
the product of considerable effort and marketplace success. [Provide specific examples of such success, such as awards, ALEXA ratings, etc.]

(COMPANY NAME) owns and operates numerous websites through which it distributes sells and promotes its content to consumers under its well known brand names. As a result,
(COMPANY NAME) has invested substantial resources to register, maintain and police (NUMBER OF DOMAIN NAMES) primarily within the .com TLD, including domain
names corresponding to its valuable trademarks. (COMPANY NAME) spends (AMOUNT EXPENDED) each year simply to maintain these domain names, and it spends much more
promoting them. In order to protect this investment, (COMPANY NAME) has registered many of its trademarks with the United States Patent and Trademark Office and has proactively
resolved domain name disputes with other adult companies. A list of (COMPANY NAME)?s trademarks and domain names is attached hereto as Exhibit A. Each of these trademarks and
domain names is used in worldwide commerce in connection with the sale of goods and/or services.

It is indisputable that the .XXX top level domain [TLD] has a commercial purpose. This letter is intended to put you and ICM on notice that should the implementation of the .XXX TLD
allow for the registration and use by third parties of domain names corresponding to the valuabletrademarks and brands owned and used by (COMPANY NAME), substantial costs will be
incurred by (COMPANY NAME) to protect these assets. That is, (COMPANY NAME) will be forced to choose between purchasing unwanted domain names from ICM which have little or
no inherent value to (COMPANY NAME) in a defensive posture, and engaging in legal claims against the numerous third parties likely to use the .XXX TLD to infringe upon the intellectual
property rights of (COMPANY NAME).

The so-called ?sunrise? period, which provides intellectual property owners the opportunity to pay ICM for the dubious privilege of protecting from infringement upon that which (COMPANY

NAME) already owns, is wholly inadequate. It certainly does not relieve ICM of its potential liability. ICM has created a business model apparently designed to profit from creating fear
of infringement by legitimate intellectual property owners. Unlike other TLDs which are not content-specific, any third party that purchases domain names associated with (COMPANY
NAME)?s valuable trademarks and brands inherently infringes upon (COMPANY NAME) because the purchase of the .XXX domain name definitively positions the third party to compete
against (COMPANY NAME) in the same arena of commerce.

In contrast, if the holder of a trademark engages in selling specific products and services, a third party purchasing a domain identical to the trademark in a generic TLD, such as .NET or .BIZ
only improperly competes against the trademark holder if the use of the domain name is directly in competition with the holder?s area of business.

Because ICM is offering services where trademark infringement is predictable, it is obliged to prevent illegal activity when it knows such activity is occurring. In contrast to its obligations,
ICM offers to prevent infringement only when the revenue from infringement is replaced by income from the intellectual property holder. As you know, ICM has no legal right to profit
from ABCDE?s valuable intellectual property. It is irrelevant whether that profit comes from the infringer or from the trademark holder.

Additionally, ICM?s intention to offer for sale to third parties the unlimited right to purchase (COMPANY NAME)?s trademarks and other valuable brands is certain to contribute to
trademark infringement. Any attempt by any entity other than (COMPANY NAME) to register a .XXX domain name that is identical or substantially similar to one of the trademarks or domain names listed on Exhibit A would, per se, infringe upon (COMPANY NAME)?s intellectual property rights and give rise to numerous claims, including claims for cybersquatting and trademark infringement.

ICM is now on notice that the registration of any domain name using the .XXX extension that is identical or confusingly similar to one of the trademarks or domains listed on Exhibit A will
violate (COMPANY NAME)?s intellectual property rights and constitute an unfair business practice. ICM must take steps to prevent such activity before it can occur. Failure to take
affirmative steps to prevent this conduct will establish ICM?s substantial liability.

(COMPANY NAME) welcomes the opportunity to engage in meaningful dialogue with ICM, should ICM choose to resolve these matters other than through litigation.

ADG

BestXXXPorn · 08-16-2011, 04:58 PM

Quote:

Originally Posted by scottybuzz

sueing someone is cheaper than registering extensions?

It is if you own a couple thousands domain names ;)

helterskelter808 · 08-16-2011, 05:35 PM

Quote:

Originally Posted by AsianDivaGirlsWebDude

PETA have also signed up and [...] will launch peta.xxx as a pornography site that draws attention to the plight of animals

Animals and porn... what can go wrong.

MediaGuy · 08-16-2011, 05:40 PM

Quote:

PETA (People for the Ethical Treatment of Animals) have also signed up and instead of blocking its name the organization will launch peta.xxx as a pornography site that draws attention to the plight of animals, according to PETA spokeswoman Lindsay Rajt.

lol Oh my.... people for the erotic treatment of animals?

wtf?

:D

Redrob · 08-16-2011, 05:43 PM

The business community is waking up to .XXX and the gTLD money grab by ICANN and the registrars.

Washington listens when corporate America starts to howl......

Personally, I expect legislation or some federal action in the near future.

alias · 08-16-2011, 06:43 PM

Surely the red blooded corporate American businessmen won't be extorted by some limey bastard with high hopes. Easier for them to lawyer up.

seeric · 08-16-2011, 07:09 PM

In other news, with the mess that ICANN is, and has become over the last year, this is certainly an interesting progression.

http://domainincite.com/beckstrom-quits-icann/

and of course, Reuters is now picking up on the .XXX mess too. Big business is about to give Lawley the attention he so lovingly craves.

http://www.reuters.com/article/2011/...77E5W920110815

Someone is going to get all the attention they want, in the form of many, many expensive law firm suits retained by Fortune 500 companies.

V_RocKs · 08-17-2011, 12:59 PM

tea bags all around

JamesGw · 08-17-2011, 01:50 PM

Too bad this didn't happen sooner. I'm not sure how much they can do at this point other than to push for legislation against it.

08-16-2011, 04:21 PM	#2
AsianDivaGirlsWebDude Purveyor, Fine Asian Porn Industry Role: Join Date: Jul 2004 Location: San Francisco Bay Area Posts: 38,323	ADG __________________ Asian Diva Girls - Exclusive Photos and Videos Asian Diva Girls Affiliate Program (50% ccBill Revshare)

08-16-2011, 06:43 PM	#11
alias aliasx Join Date: Apr 2001 Posts: 19,010	Surely the red blooded corporate American businessmen won't be extorted by some limey bastard with high hopes. Easier for them to lawyer up. __________________ https://porncorporation.com

08-17-2011, 01:50 PM	#14
JamesGw Confirmed User Industry Role: Join Date: Apr 2011 Posts: 1,237	Too bad this didn't happen sooner. I'm not sure how much they can do at this point other than to push for legislation against it. __________________ Giggles.com has a huge selection of sex toys. Need backlinks? Ask to guest post on our adult blog.

08-16-2011, 04:34 PM	#3
pornmasta Too lazy to set a custom title Join Date: Jun 2006 Posts: 19,170	That's stupid, you don't need to buy all domain extensions for your domain name. If i was a big player i would just sue them.

08-16-2011, 05:43 PM	#10
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	The business community is waking up to .XXX and the gTLD money grab by ICANN and the registrars. Washington listens when corporate America starts to howl...... Personally, I expect legislation or some federal action in the near future.

08-16-2011, 07:09 PM	#12
seeric .......... Industry Role: Join Date: Aug 2004 Location: .......... Posts: 41,917	In other news, with the mess that ICANN is, and has become over the last year, this is certainly an interesting progression. http://domainincite.com/beckstrom-quits-icann/ and of course, Reuters is now picking up on the .XXX mess too. Big business is about to give Lawley the attention he so lovingly craves. http://www.reuters.com/article/2011/...77E5W920110815 Someone is going to get all the attention they want, in the form of many, many expensive law firm suits retained by Fortune 500 companies.

08-17-2011, 12:59 PM	#13
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,409	tea bags all around